Item 1

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: January 7, 2014


XSUNX, INC.

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(Exact name of registrant as specified in its charter)




Colorado                     000-29621                     84-1384159

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(State or other               (Commission                (IRS Employer

jurisdiction of  

File Number)           

Identification No.)

incorporation)

            



65 Enterprise, Aliso Viejo, CA 92656

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(New address of principal executive offices) (Zip Code)


Registrant's telephone number, including area code: (949) 330-8060


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))



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Item 7.01 Regulation FD Disclosure.


 Press Release


The information in this Item 7.01 of this Current Report is furnished pursuant to Item 7.01 and shall not be deemed "filed" for any purpose, including for the purposes of Section 18 of the Exchange Act, or otherwise subject to the liabilities of that Section. The information in this Current Report on Form 8-K shall not be deemed incorporated by reference into any filing under the Securities Act or the Exchange Act regardless of any general incorporation language in such filing.

 

On January 7, 2014, the Company issued a newsletter (the “Newsletter”) providing business development updates to its solar power PV project development and installation services, and its outlook for growth through these services in 2014. The Newsletter outlined that the Company had begun to receive payment for PV project related invoicing, and that a project lender had provided a purchase order to the Company for a another PV system under contract.   The Newsletter further stated that the Company’s goal in 2014 is to grow its commercial and industrial PV systems design and installation business to at least 1 MW of new system sales per month.


A copy of the Press release is attached hereto as Exhibit 99.1  


Item 9.01 Financial Statements and Exhibits.


(d) Exhibits. The following exhibits are filed herewith.


Exhibit No.

 

Description

 

 

 

99.1

 

Newsletter by XsunX, Inc., dated January 7, 2014.

 



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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 thereunto duly authorized.

 

 

 

 

 

XSUNX, INC.

 
 

 
 

 
 

Date: January 10, 2014

By:  

/s/ Tom M. Djokovich

 


Tom M. Djokovich

 

Title: CEO/Secretary




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