- Current report filing (8-K)
2009年1月24日 - 6:52AM
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): January 23, 2009
(Exact
name of registrant as specified in its charter)
Nevada
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000-49712
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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
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
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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
2.02. Results of Operations and Financial Condition.
On
January 23, 2009, China BAK Battery, Inc. (the “Company”) issued a press release
announcing its financial results for the fiscal quarter ended December 31, 2008.
A copy of the press release is furnished as Exhibit 99.1 hereto.
The press
release furnished as Exhibit 99.1 hereto contains certain statements that may
include “forward-looking statements” within the meaning of Section 27A of the
Securities Act of 1933, as amended (the “Securities Act”), and Section 21E of
the Securities Exchange Act of 1934, as amended (the “Exchange Act”). 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 Securities and Exchange Commission. 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 Exhibit 99.1 hereto, shall not be deemed to be “filed” for
purposes of Section 18 of 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 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
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Description
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99.1
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Press
Release dated January 23,
2009
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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:
January 23, 2009
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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
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Description
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99.1
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Press
Release dated January 23,
2009
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