EX-10.42 9 v097140_ex10-42.htm
Exhibit 10.42
 
Summary of Loan Agreement by and between Shenzhen BAK Battery Co., Ltd. and East Branch, Agricultural Bank of China dated August 27 , 2007.
 
Summary of the main articles
 
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Contract number: NO.81101200700001547
   
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Loan Principal: RMB 40 million;
   
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Loan term: twelve months starting from the date loan is actually provided to the Company.
   
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Floating interest rate: annually 7.722%, 110% of the benchmark rate announced by the People’s Bank of China;
   
 
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Penalty interest rate for delayed repayment: 5.022% plus 50% *5.022%;
     
 
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Penalty interest rate for embezzlement of loan proceeds: 5.022% * 2;
     
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Purpose of the loan is to provide working capital for the Company;
   
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Advanced repayment of loan needs to be approved by the Lender;
   
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Breach of contract penalties: suspension of loan un-provided, demand prepayment of loan principal and interest before maturity; imposition of punitive interest; compensation for the Lender’s expenses incurred due to the Company’s breach of contract such as lawyer’s fee, travel cost in case of litigation, etc.

Summary of the articles omitted
 
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Types of the loan
   
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Clearing of the loan interest
   
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Condition precedent to the drawing of the loan
   
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Rights and obligations of the borrower
   
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Rights and obligations of the lender
   
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Guarantee of the loan
   
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Dispute settlement
   
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Miscellaneous
   
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Validity
   
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Notes