China Bak Battery Inc - Current report filing (8-K)
2008年8月15日 - 9:26PM
Edgar (US Regulatory)
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): July 28, 2008
CHINA
BAK BATTERY, INC.
|
(Exact
name of registrant as specified in its
charter)
|
Nevada
(State
or other jurisdiction
of
incorporation)
|
|
000-49712
|
|
86-0442833
(IRS
Employer
Identification
No.)
|
BAK
Industrial Park, No. 1 BAK Street
Kuichong
Town, Longgang District
Shenzhen,
518119
People’s
Republic of China
(Address,
including zip code, of principal executive offices)
(86-755)
8977-0093
(Registrant’s
telephone number, including area code)
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):
o
|
Written
communications pursuant to Rule 425 under the Securities Act (17
CFR
230.425)
|
o
|
Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
|
o
|
Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17
CFR
240.14d-2(b))
|
o
|
Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17
CFR
240.13e-4(c))
|
Item
2.02. Results of Operations and Financial Condition.
On
July
28, 2008, China BAK Battery, Inc. (the “Company”) issued a press release
announcing its financial results for the fiscal quarter ended June 30, 2008.
A
copy of the press release is furnished as Exhibit 99.1 hereto.
On
July
28, 2008, the Company held a conference call to discuss the financial results
of
the Company for the fiscal quarter ended June 30, 2008. A copy of the
transcript
of such call is furnished as Exhibit 99.2 hereto.
The
press
release furnished as Exhibit 99.1 hereto and the transcript furnished as Exhibit
99.2 hereto contain certain statements that may include “forward-looking
statements” within the meaning of Section 27A of the Securities Act of 1933, as
amended, and Section 21E of the Securities Exchange Act of 1934, as amended.
All
statements, other than statements of historical fact, are “forward-looking
statements,” including statements regarding the Company’s business strategy,
plans and objective and statements of non-historical information. These
forward-looking statements are often identified by the use of forward-looking
terminology such as “should,” “believes,” “expects,” “anticipates” or similar
expressions, and involve known and unknown risks and uncertainties. Although
the
Company believes that the expectations reflected in these forward-looking
statements are reasonable, they involve assumptions, risks and uncertainties,
and these expectations may prove to be incorrect. You should not place undue
reliance on these forward-looking statements, which speak only as of their
respective dates. The Company’s actual results could differ materially from
those anticipated in these forward-looking statements as a result of a variety
of factors, including those discussed in the Company’s periodic reports that are
filed with and available from the SEC. All forward-looking statements
attributable to the Company or persons acting on its behalf are expressly
qualified in their entirety by these factors. Other than as required under
the
securities laws, the Company does not assume a duty to update these
forward-looking statements.
In
accordance with General Instruction B.2 of Form 8-K, the information in this
Report, including Exhibits 99.1 and 99.2 hereto, shall not be deemed to be
“filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as
amended (the “Exchange Act”), or otherwise subject to the liabilities of that
section, and shall not be incorporated by reference into any registration
statement or other document filed under the Securities Act of 1933, as amended,
or the Exchange Act, except as shall be expressly set forth by specific
reference in such filing.
Item
9.01 Financial Statements and Exhibits
(d)
Exhibits
Exhibit
|
|
Description
|
99.1
|
|
Press
Release dated July 28, 2008
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99.2
|
|
Transcript
dated July 28, 2008
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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.
|
CHINA
BAK BATTERY, INC.
|
|
|
|
Date:
August 14, 2008
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By:
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/s/
Tony Shen
|
|
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Tony
Shen
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EXHIBITS
Exhibit
|
|
Description
|
99.1
|
|
Press
Release dated July 28, 2008
|
99.2
|
|
Transcript
dated July 28, 2008
|
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