SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): February 14, 2020
(Exact name of registrant as specified in its charter)
(Commission File Number)
(State or other jurisdiction
51 Rio Robles, San Jose, California 95134
(Address of principal executive offices, with zip code)
(Registrant’s telephone number, including area code)
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))
Securities registered pursuant to Section 12(b) of the Act:
Title of each class
Name of exchange on which registered
Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
Emerging growth company ☐
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐
Entry into a Material Definitive Agreement.
On February 14, 2020, SunPower Corporation (the “Company”) entered into a Debenture Repurchase Agreement (the “Repurchase Agreement”) with Total Solar INTL SAS, a French société par actions simplifiée (“Total”). Pursuant to the Repurchase Agreement, the Company agreed to purchase from Total, and Total agreed to sell to the Company, an aggregate principal amount of $56.439 million of the Company’s 0.875% senior convertible debentures due 2021 (the “2021 Debentures”), for a cash purchase price equal to $965 per $1,000 principal amount of the 2021 Debentures. The repurchase is expected to close on February 21, 2020.
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.
February 20, 2020
/S/ KENNETH L. MAHAFFEY
Kenneth L. Mahaffey
Executive Vice President and