Guaranty Contract of Maximum Amount
No. Shen Shangyin (Shuibei) Shouxin Baozi (2006) A110020600016
Guarantor: BAK International Limited
Address: Rm1201, Wing On Centre, 111 Connaught Road Central, Hong Kong
Creditor: Shuibei Division, Shenzhen Commercial Bank
Address: 2028, Wenjin Bei Rd, Shenzhen
The Creditor and the Guarantor have reached the following agreement in accordance with the Guarantee Law and Contract Law
of People’s Republic of China and other relevant laws and regulations.
Article I. Guaranty
Article II. Performance of Guaranty
Article III. Undertakings and Representations of the Guarantor
1.1 Shenzhen BAK Battery Co., Ltd. (hereinafter referred to as “Obligor”) and the Creditor have entered into the
Comprehensive Credit Facility Agreement (reference no.: Shen Shangyin (Shuibei) Shouxin Zi (2006) A110020600016,
hereinafter referred to as “Master Agreement”). As requested by the Obligor, the Guarantor undertakes to provide
guaranty for the indebtedness of the Obligor under the Master Agreement.
1.2 The guaranty under this Contract shall be guaranty with joint and several liability. The guaranty shall cover all of the loan
principal, interest, penalty interest, breach of contract compensation, damages, undertaking fee and all the expenses such
as litigation costs, lawyer’s fee, notification costs and public notice costs which are incurred to the Creditor in realizing
its creditor’s right.
The maximum loan principal shall be RMB 50 million.
1.3 The guaranty period is from the effective date of this Contract to two years after the expiry of the term of the Master
Agreement and relevant agreement entered into under the Master Agreement.
1.4 The guaranty under this Contract is independent. In case that the Obligor provide guaranty to the Creditor, the Guarantor
shall continue to assume the full obligation of guaranty for all indebtedness as stated in clause 1.1 of this Contract.
1.5 This Contract is irrevocable. This Contract shall no