Creditor (full name): Agricultural Bank of China, Shenzhen Eastern Branch
Mortgager (full name): Shenzhen BAK Battery Co., Ltd.
For the purpose of guaranteeing the performance of the loan contract (Reference No. 8110120060001989, hereinafter referred to
as “Master Agreement”) entered into by the Creditor and Shenzhen BAK Battery Co., Ltd. (hereinafter referred to as Obligor),
the Mortgager agrees to mortgage its assets to the Creditor for the indebtedness of the obligor under the Master Agreement.
Through friendly negotiation, both parties agree to enter into this Contract in accordance with relevant PRC laws and
The guaranteed creditor’s right belongs to general fix-assets loan. The amount of the principal is RMB 200 Million Yuan.
The scope of guaranty covers all principal, interest, penalty interest, compound interest, penalty, litigation fees, legal fees, fees
for disposing of and transferring the mortgage and all the expenses under this contract incurred to the Creditor in realizing its
1 Category of Guaranteed Creditor’s Right and Amount of Loan Principal
Scope of Guaranty
(1) The Mortgager agrees to mortgage the machinery equipments (detailed information is described in the List of Collaterals
numbered 0237061123001) and the aforesaid List is a part of this Contract.
(2) The price of the aforesaid collaterals is temperately evaluated as RMB 115,350,588 Yuan. The final value of the collaterals
shall be calculated according to the net income of the disposal of such collaterals when the creditor’s right is actualized.
4 Undertakings of the Mortgager
(1) The Mortgager has lawful and undisputed rights to own or dispose of the collaterals.
(2) The collaterals shall be negotiable and can be transferred in accordance with relevant laws and regulations.
(3) The collaterals shall not be in the situation of being seized, distrained