Form 8-K

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 Exchange Act of 1934

Date of report (Date of earliest event reported): March 27, 2007

 


SUNPOWER CORPORATION

(Exact Name of Registrant as Specified in Charter)

 


 

Delaware   000-51593   94-3008969

(State or Other Jurisdiction

of Incorporation)

  (Commission File No.)  

(I.R.S. Employer

Identification No.)

3939 North First Street, San Jose, California 95134

(Address of Principal Executive Offices) (Zip Code)

Registrant’s telephone number, including area code: (408) 240-5500

N/A

(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:

 

¨ 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))

 



Item 1.01. Entry into a Material Definitive Agreement

On March 27, 2007, PowerLight Systems SA (“PowerLight”), an indirect subsidiary of SunPower Corporation (“SunPower”), entered into an Engineering, Procurement and Construction agreement (the “EPC Agreement”) with Agrupación Solar Llerena-Badajoz 1, A.I.E. (“Llerena”) and Solarpack Corporación Tecnológica, S.L (“Solarpack”). The Agreement provides the general terms and conditions pursuant to which PowerLight will design and construct a solar photovoltaic plant representing approximately 4.8 megawatts peak power in the municipality of Llerena (Badajoz) Spain. The EPC Agreement is a material revenue opportunity for PowerLight, as well as for SunPower on a combined basis.

 

Item 7.01. Regulation FD Disclosure.

On April 2, 2007, SunPower issued a press release announcing PowerLight’s entry into the EPC Agreement. A copy of the press release is attached to this report as Exhibit 99.1. In accordance with General Instruction B.2 of Form 8-K, the information set forth herein and in the press release is deemed to be “furnished” and shall not be deemed to be “filed” for purposes of the Securities Exchange Act of 1934, as amended (the “Exchange Act”). The information set forth in Item 7.01 of this report shall not be deemed an admission as to the materiality of any information in this report on Form 8-K that is required to be disclosed solely to satisfy the requirements of Regulation FD.

 

Item 9.01 Financial Statements and Exhibits.

(d) Exhibits

 

Exhibit No.  

Description

99.1   Press Release dated April 2, 2007


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 duly authorized.

Date: April 2, 2007

 

SunPower Corporation
By:  

/s/ Emmanuel Hernandez

Name:   Emmanuel Hernandez
Title:   Chief Financial Officer


EXHIBITS

 

Exhibit No.  

Description

99.1   Press Release dated April 2, 2007