Attached files
| file | filename |
|---|---|
| EX-10.1 - CBAK Energy Technology, Inc. | v178646_ex10-1.htm |
| EX-99.1 - CBAK Energy Technology, Inc. | v178646_ex99-1.htm |
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
WASHINGTON,
D.C. 20549
FORM
8-K
CURRENT
REPORT
PURSUANT
TO SECTION 13 OR 15(d)
OF
THE SECURITIES AND EXCHANGE ACT OF 1934
Date
of Report (Date of Earliest Event Reported): March 25, 2010
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CHINA
BAK BATTERY, INC.
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(Exact
name of registrant as specified in its
charter)
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Nevada
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001-32898
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86-0442833
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(State
or other jurisdiction
of
incorporation)
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(Commission
File No.)
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(IRS
Employer
Identification
No.)
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BAK
Industrial Park, No. 1 BAK Street
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Kuichong
Town, Longgang District
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Shenzhen,
518119
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People’s
Republic of China
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(Address,
including zip code, of principal executive offices)
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(86-755)
8977-0093
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(Registrant’s
telephone number, including area code)
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Not
applicable
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(Former
name or former address, if changed since last report)
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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):
|
o
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Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
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o
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
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o
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Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
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o
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
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Item
5.02.
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Departure
of Directors or Certain Officers; Election of Directors; Appointment of
Certain Officers; Compensatory Arrangements of Certain
Officers.
|
On March 25, 2010, Mr. Jun Zou was
appointed as the Chief Financial Officer, Treasurer and Secretary of China BAK
Battery, Inc. (the “Company”), effective as of April 1, 2010. Mr.
Zou, age 39, has served as our vice president of strategy since January,
2010. From January 2009 to December 2009, he was a corporate finance
and strategy advisor for businesses and investors in the alternative energy
sector. Prior to
that, Mr. Zou served as chief financial officer of GCL Silicon in Hong Kong
from May 2008 to December 2008. He was the Chief Financial Officer for
BU Global Technical Services from September 2007 to May 2008 and the Head of Global Customer
Financing and Treasury from May 2006 to September 2007 at Huawei Technologies, a large
technology company in China. From August 1999 to May 2006, he
served in a number of capacities at Ericsson in the United States and Sweden
with increasing managerial responsibilities in customer financing, treasury, corporate finance, and strategic planning. From March 2005 to
May 2006, he served as Controller, Managed Services SBU at Ericsson in
Stockholm, Sweden. From April 2004 to March
2005, Mr. Zou served as Senior Development Executive at Ericsson in Dallas,
Texas. Mr. Zou earned his B.S. in International Business and
Economics at Shanghai International Studies University and his MBA at University
of Texas.
On March 11, 2010, the Company entered
into a nonqualified stock option agreement (the “Stock Option Agreement”) with
Mr. Zou to grant an option (the “Option”) to purchase 50,000 shares of the
Company’s common stock, at a price of $2.58 per share. The Option
will expire on March 10, 2014, or in the event of Mr. Zou’s termination of
service to the Company, or any earlier date provided for under the Company’s
stock option plan. The Option vests over a period of two years, in two equal
installments, beginning on each anniversary of the grant day, except that the
Option will vest immediately in full upon the Company’s consummation of a
merger, consolidation or sale of all or substantially all of its business or
assets. The Option is not transferable except in certain limited circumstances,
and may only be exercised by Mr. Zou or his legally authorized representative
during Mr. Zou’s lifetime. This brief description of the terms of the
Stock Option Agreement is qualified by reference to the provisions of this
agreement. The Stock Option Agreement is included as Exhibit 10.1 to
this Report, and is hereby incorporated by reference herein. No other material
plan, contract or arrangement, or material amendment thereto, was entered into
in connection with this appointment. No other grant or award or modification
thereto occurred under any plan, contract or arrangement in connection with this
appointment.
There are
no arrangements or understandings between Mr. Zou and any other persons pursuant
to which he was selected as Chief Financial Officer, Treasurer and
Secretary. There have been and are no transactions, relationships or
arrangements in which Mr. Zou has or had an interest requiring disclosure
under Item 404(a) of Regulation S-K. No family relationship exists between
Mr. Zou and any other director or executive officer of the Company.
In
connection with the appointment of Mr. Zou, Mr. Tony Shen will step down from
his position as the Chief Financial Officer, Treasurer and Secretary of the
Company as of April 1, 2010. Mr. Shen will remain as a consultant to
the Company until April 25, 2010 in order to ease the transition for the new
Chief Financial Officer.
In addition, on March 25, 2010, the
Company issued a press release announcing the management changes described
above. A copy of the press release is attached as Exhibit 99.1 to
this Current Report on Form 8-K.
Item
9.01 Financial Statements and Exhibits.
(d) Exhibits
| Exhibit | Description | |
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10.1
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Nonqualified
Stock Option Agreement between the Registrant and Jun Zou, dated as of
March 11, 2010
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99.1
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Press
Release dated as of March 25, 2010
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SIGNATURE
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
duly authorized.
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CHINA
BAK BATTERY, INC.
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Date:
March 25, 2010
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By:
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/s/
Tony Shen
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Tony
Shen
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Chief
Financial Officer
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EXHIBITS
| Exhibit | Description | |
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10.1
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Nonqualified
Stock Option Agreement between the Registrant and Jun Zou, dated as of
March 11, 2010
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99.1
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Press
Release dated as of March 25, 2010
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