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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K/A
(Amendment No. 2)
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(D)
OF THE SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported): September 15, 2005
CHINA BAK BATTERY, INC.
(Exact name of registrant as specified in charter)
Nevada 000-49712 88-0442833
(State or other jurisdiction (Commission File Number) (IRS Employer
of incorporation) Identification No.)
BAK Industrial Park, No. 1 BAK Street
Kuichong Town, Longgang District
Shenzhen, Peoples Republic of China 518119
(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code: (86-755) 8977-0093
NOT APPLICABLE.
(Former Name or Former Address, if Changed Since Last Report)
Check the appropriate box below if the Form 8-K filing is intended to
simultaneously satisfy the filing obligation of the registrant under any of the
following provisions (see General Instruction A.2. below):
[ ] Written communications pursuant to Rule 425 under the Securities
Act (17 CFR 230.425)
[ ] Soliciting material pursuant to Rule 14a-12 under the Exchange
Act (17 CFR 240.14a-12)
[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the
Exchange Act (17 CFR 240.14d-2(b))
[ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the
Exchange Act (17 CFR 240.13e-4(c))
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Explanatory Statement
This Amendment No. 2 (the "Amendment") to the Current Report on Form 8-K/A of
China BAK Battery, Inc. (the "Company") amends the Company's Current Report on
Form 8-K originally filed on September 15, 2005 and previously amended on March
9, 2006 (the "Original Filing"). The Company has filed this Amendment to amend
Item 9.01(d) to include a copy of certain exhibits to an exhibit to exhibit 10.1
referenced therein. Pursuant to Rule 12b-15 under the Securities Exchange Act of
1934, as amended, the complete text of Item 9.01 as amended is set forth below.
The remainder of the Original Filing is unchanged and is not reproduced in this
Amendment.
This Amendment speaks as of the date of the Original Filing and reflects only
the changes discussed above. No other information included in the Original
Filing has been modified or updated in any way. This Amendment should be read
together with other documents that the Company has filed with the Securities and
Exchange Commission subsequent to the filing of the Original Filing. Information
in such reports and documents updates and supersedes certain information
contained in this Amendment. The filing of this Amendment shall not be deemed an
admission that the Original Filing, when made, included any known, untrue
statement of material fact or knowingly omitted to state a material fact
necessary to make a statement made therein not misleading.
ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS.
(d) Exhibits
EXHIBIT NO. DESCRIPTION
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10.1 Form of Securities Purchase Agreement dated September 14, 2005, by
and among China BAK Battery, Inc. and the investors signatory
thereto.
10.2 Form of Registration Rights Agreement to be executed by and among
China BAK Battery, Inc. and the investors signatory thereto.
99.1 Press release dated September 14, 2005.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto authorized.
CHINA BAK BATTERY, INC.
DATED: MARCH 27, 2006 By: /s/ YONGBIN HAN
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YONGBIN HAN
CHIEF FINANCIAL OFFICER