[FORM 10−Q (Mark One) June 30, 2012 For the quarterly period ended: For the transition period from _____________ to _____________ 001-32898 CHINA BAK BATTERY, INC. Nevada 88-0442833 (State or other jurisdiction of (I.R.S. Employer Identification No.) incorporation or organization) BAK Industrial Park No. 1 BAK Street Kuichong Town, Longgang District Shenzhen 518119 People’s Republic of China (86-755) 6188-6818, ext. 6856] [CERTIFICATIONS I, Xiangqian Li, certify that: 1. I have reviewed this quarterly report on Form 10-Q of China BAK Battery, Inc.; 2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements] [2. Information contained in the Report fairly presents, in all material respects, the financial condition and results of operation of the Company.] [Summary of Loan Agreement Entered into by and between Shenzhen BAK Battery Co., Ltd. (“the Company”) and Shenzhen Eastern Branch, Agricultural Bank of China (“the Creditor”) Dated April 6, 2012 Main contents Contract number: 81010120120000285; Loan principal: RMB 45 million; Loan term: from April 6, 2012 to November 20, 2012; Fixed interest rate: Interest rate of loan shall be 110%] [Summary of Loan Agreement Entered into by and between Shenzhen BAK Battery Co., Ltd. (“the Company”) and Shenzhen Eastern Branch, Agricultural Bank of China (“the Creditor”) Dated April 23, 2012 Main contents Contract number: 81010120120000325; Loan principal: RMB 30 million; Loan term: from April 23, 2012 to April 22, 2013; Fixed interest rate: Interest rate of loan shall be 110%] [Summary of Loan Agreement Entered into by and between Shenzhen BAK Battery Co., Ltd. (“the Company”) and Shenzhen Eastern Branch, Agricultural Bank of China (“the Creditor”) Dated April 24, 2012 Main contents Contract number: 81010120120000330; Loan principal: RMB 30 million; Loan term: from April 24, 2012 to April 12, 2013; Fixed interest rate: Interest rate of loan shall be 110%] [Comprehensive Credit Facility Agreement of Maximum Amount (“Credit Facility Agreement”) Entered into by and between Shenzhen BAK Battery Co., Ltd (“the Company”) and Shenzhen Branch, China Citic Bank (the “Creditor”) Dated June 13, 2012 Main articles: Contract number: (2012) Shenyinsun Zongzi 003; Maximum amount of credit facilities to be provided: RMB 75 million; Term: from June 13, 2012 to June] [Summary of Loan Agreement Entered into by and between Shenzhen BAK Battery Co., Ltd. (“the Company”) and Shenzhen Branch, China CITIC Bank Co., Ltd (“the Creditor”) Dated June 20, 2012 Main contents Contract number: (2012) Shenyinsun daizi 006; Loan principal: RMB 40 million; Loan term: from June 20, 2012 to June 20, 2013; Floating interest rate: Interest rate of loan] [Summary of Loan Agreement Entered into by and between Shenzhen BAK Battery Co., Ltd. (“the Company”) and Shenzhen Branch, China CITIC Bank Co., Ltd (“the Creditor”) Dated June 29, 2012 Main contents Contract number: (2012) Shenyinsun daizi 007; Loan principal: RMB 10 million; Loan term: from June 29, 2012 to June 29, 2013; Floating interest rate: Interest rate of loan] [Summary of Guaranty Contract of Maximum Amount ( the “Contract”) Entered into by and between BAK International Limited and Shenzhen Branch, China Citic Bank (the “Creditor”) Dated June 13, 2012 Main contents: Guaranty Contract number: (2012) Shenyinsun Zuibaozi 001; BAK International Limited undertakes to assume joint and several liabilities for Shenzhen BAK Battery Co., Ltd (the “Obligor”)’s indebtedness towards China] [Summary of Guaranty Contract of Maximum Amount ( the “Contract”) Entered into by and between Xiangqian Li and Shenzhen Branch, China Citic Bank (the “Creditor”) Dated June 13, 2012 Main contents: Guaranty Contract number: (2012) Shenyinsun Ebaozi 002; Main Contract number: (2012) Shenyinsun Zongzi 003 Xiangqian Li undertakes to assume joint and several liabilities for Shenzhen BAK Battery Co., Ltd] [Comprehensive Credit Facility Agreement of Maximum Amount (“Credit Facility Agreement”) Entered into by and between BAK International (Tianjin) Limited (“the Company”) and Tianjin Branch, China Bohai Bank (the “Creditor”) Dated May 29, 2012 Main articles: Contract number: Bojinfen Zong(2012)23; Maximum amount of credit facilities to be provided: RMB 80 million; Term: from May 29, 2012 to May 28, 2013; Purpose] [Summary of Loan Agreement Entered into by and between BAK International (Tianjin) Limited (“the Company”) and Tianjin Branch, China Bohai Bank (the “Creditor”) Dated May 29, 2012 Main articles: Contract number: Bojinfen Liudai(2012) 44; Loan principal: RMB 40 million; Loan Term: May 29, 2012 to May 28, 2013; Fixed interest rate: Interest rate of loan shall be 110% of the] [Summary of Guaranty Contract of Maximum Amount ( the “Contract”) Entered into by and between Shenzhen BAK Battery Co., Ltd. and Tianjin Branch, China Bohai Bank (the “Creditor”) Dated May 29, 2012 Main contents: Guaranty Contract number: Bojinfen Zuigaobao (2012) 49; Shenzhen BAK Battery Co., Ltd undertakes to assume joint and several liabilities for BAK International (Tianjin) Ltd. (the “Obligor”)’s] [Comprehensive Credit Facility Agreement of Maximum Amount (“Credit Facility Agreement”) Entered into by and between Shenzhen BAK Battery Co., Ltd (“the Company”) and Shenzhen Longgang Branch, Shenzhen Development Bank (the “Creditor”) Dated June 5, 2012 Main articles: Contract number: Shenfa Longgang Zongzi 20120604001; Maximum amount of credit facilities to be provided: RMB 180 million; Term: from June 5, 2012 to] [Summary of Loan Agreement Entered into by and between Shenzhen BAK Battery Co., Ltd. (“the Company”) and Longgang Branch, Shenzhen Development Bank Co., Ltd (the “Creditor”) Dated July 6, 2012 Main contents: Contract number: Shenfa Longgang Daizi 20120709001; Main Contract: Comprehensive Credit Facility Agreement; Main Contract number: Shenfa Longgang Zongzi 20120604001; Loan principal: RMB 20 million; Loan term: from July] [Summary of Loan Agreement Entered into by and between Shenzhen BAK Battery Co., Ltd. (“the Company”) and Longgang Branch, Shenzhen Development Bank Co., Ltd (the “Creditor”) Dated July 6, 2012 Main contents: Contract number: Shenfa Longgang Daizi 20120704001; Main Contract: Comprehensive Credit Facility Agreement; Main Contract number: Shenfa Longgang Zongzi 20120604001; Loan principal: RMB 110 million; Loan term: from July] [Summary of Guaranty Contract of Maximum Amount ( the “Contract”) Entered into by and between BAK International Limited (“the Company”) and Longgang Branch, Shenzhen Development Bank (the “Creditor”) Dated June 5, 2012 Main contents: Guaranty Contract number: Shenfalonggang Ebaozi20120604001-1; BAK International Limited undertakes to assume joint and several liabilities for Shenzhen BAK Battery Co., Ltd (the “Obligor”)’s indebtedness towards Shenzhen] [Summary of Guaranty Contract of Maximum Amount ( the “Contract”) Entered into by and between BAK International (Tianjin) Limited (“the Company”) and Longgang Branch, Shenzhen Development Bank (the “Creditor”) Dated June 5, 2012 Main contents: Guaranty Contract number: Shenfalonggang Ebaozi20120604001-2; BAK International (Tianjin) Limited undertakes to assume joint and several liabilities for Shenzhen BAK Battery Co., Ltd (the “Obligor”)’s indebtedness] [Summary of Guaranty Contract of Maximum Amount ( the “Contract”) Entered into by and between Xiangqian Li and Longgang Branch, Shenzhen Development Bank (the “Creditor”) Dated June 5, 2012 Main contents: Guaranty Contract number: Shenfalonggang Ebaozi20120604001-3; Xiangqian Li undertakes to assume joint and several liabilities for Shenzhen BAK Battery Co., Ltd (the “Obligor”)’s indebtedness towards Shenzhen Development Bank from June] [Summary of Mortgage Contract of Maximum Amount ( the “Contract”) Entered into by and between Shenzhen BAK Battery, Co., Ltd (the “Mortgager”) and Longgang Branch, Shenzhen Development Bank Co., Ltd (the “Creditor”) Dated June 5, 2012 Main contents: Contract number In order to guarantee the indebtedness of RMB 130 million for Shenzhen BAK Battery Co., Ltd. (the “Obligor”) towards the] [Summary of Mortgage Contract of Maximum Amount ( the “Contract”) Entered into by and between Shenzhen BAK Battery, Co., Ltd (the “Mortgager”) and Longgang Branch, Shenzhen Development Bank Co., Ltd (the “Creditor”) Dated June 5, 2012 Main contents: Contract number In order to guarantee the indebtedness of RMB 50 million for Shenzhen BAK Battery Co., Ltd. (the “Obligor”) towards the] [Shenzhen Branch, Bank of China Contract No.: RZ12061109074901 Applicant Shenzhen BAK Battery Co., Ltd Currency RMB Amount 3,583,145.16 Loan Term 38 days (i.e. payment due date is July 19, 2012) Usage To provide working capital Annual rate 6.1425% Loan Account of 9178390019991001 Deposit Account of 748457957368 Bank of China Applicant in Bank of China The above loan has been transferred] [Shenzhen Branch, Bank of China Contract No.: RZ12061109074901 Applicant Shenzhen BAK Battery Co., Ltd Currency RMB Amount 4, 778,334.00 Loan Term 70 days (i.e. payment due date is August 20, 2012) Usage To provide working capital Annual rate 6.1425% Loan Account of 9178390019991001 Deposit Account of 748457957368 Bank of China Applicant in Bank of China The above loan has been] [Shenzhen Branch, Bank of China Loan Certificate Contract No.: RZ12061109054301 Applicant Shenzhen BAK Battery Co., Ltd Currency RMB Amount 2, 365,347.60 Loan Term 60 days (i.e. payment due date is August 10, 2012) Usage To provide working capital Annual rate 6.1425% Loan Account of 9178390019991001 Deposit Account of 748457957368 Bank of China Applicant in Bank of China The above loan] [Shenzhen Branch, Bank of China Loan Certificate Contract No.: RZ12061109054301 Applicant Shenzhen BAK Battery Co., Ltd Currency RMB Amount 5,610,040.33 Loan Term 93 days (i.e. payment due date is September 12, 2012) Usage To provide working capital Annual rate 6.1425% Loan Account of 9178390019991001 Deposit Account of 748457957368 Bank of China Applicant in Bank of China] [Shenzhen Branch, Bank of China Contract No.: RZ12061109025701 Applicant Shenzhen BAK Battery Co., Ltd Currency RMB Amount 4,982,255.46 Loan Term 98 days (i.e. payment due date is September 17, 2012) Usage To provide working capital Annual rate 6.1425% Loan Account of 9178390019991001 Deposit Account of 748457957368 Bank of China Applicant in Bank of China The above loan has been transferred] [Shenzhen Branch, Bank of China Contract No.: RZ12061109025701 Applicant Shenzhen BAK Battery Co., Ltd Currency RMB Amount 9,582,787.89 Loan Term 101 days (i.e. payment due date is September 20, 2012) Usage To provide working capital Annual rate 6.1425% Loan Account of 9178390019991001 Deposit Account of 748457957368 Bank of China Applicant in Bank of China] [Shenzhen Branch, Bank of China Loan Certificate Contract No.: RZ12061109025701 Applicant Shenzhen BAK Battery Co., Ltd Currency RMB Amount 270,000.00 Loan Term 119 days (i.e. payment due date is October 8, 2012) Usage To provide working capital Annual rate 6.1425% Loan Account of 9178390019991001 Deposit Account of 748457957368 Bank of China Applicant in Bank of China] [Shenzhen Branch, Bank of China Loan Certificate Contract No.: RZ12061111335301 Applicant Shenzhen BAK Battery Co., Ltd Currency RMB Amount 596,700.00 Loan Term 73 days (i.e. payment due date is August 23, 2012) Usage To provide working capital Annual rate 6.1425% Loan Account of 9178390019991001 Deposit Account of 748457957368 Bank of China Applicant in Bank of China The above loan has] [Shenzhen Branch, Bank of China Loan Certificate Contract No.: RZ12061111335301 Applicant Shenzhen BAK Battery Co., Ltd Currency RMB Amount 226,584.00 Loan Term 102 days (i.e. payment due date is September 21, 2012) Usage To provide working capital Annual rate 6.1425% Loan Account of 9178390019991001 Deposit Account of 748457957368 Bank of China Applicant in Bank of China The above loan has] [Shenzhen Branch, Bank of China Loan Certificate Contract No.: RZ12061809073201 Applicant Shenzhen BAK Battery Co., Ltd Currency RMB Amount 2,251,488.06 Loan Term 140 days (i.e. payment due date is November 7, 2012) Usage To provide working capital Annual rate 6.1425% Loan Account of 9178390019991001 Deposit Account of 748457957368 Bank of China Applicant in Bank of China] [Shenzhen Branch, Bank of China Loan Certificate Contract No.: RZ12061809124001 Applicant Shenzhen BAK Battery Co., Ltd Currency RMB Amount 1,537,155.00 Loan Term 82 days (i.e. payment due date is September 10, 2012) Usage To provide working capital Annual rate 6.1425% Loan Account of 9178390019991001 Deposit Account of 748457957368 Bank of China Applicant in Bank of China The above loan has] [Shenzhen Branch, Bank of China Loan Certificate Contract No.: RZ12061809110801 Applicant Shenzhen BAK Battery Co., Ltd Currency RMB Amount 123,018.30 Loan Term 112 days (i.e. payment due date is October 10, 2012) Usage To provide working capital Annual rate 6.1425% Loan Account of 9178390019991001 Deposit Account of 748457957368 Bank of China Applicant in Bank of China The above loan has]