Item 1.01. Entry into a Material Definitive Agreement.
First Amendment to Credit Agreement
On January 26, 2023 (the "Closing Date"), SunPower Corporation ("SunPower" or
the "Company") entered into the First Amendment to Credit Agreement (the
"Amendment") with certain of its subsidiaries as guarantors (the "Subsidiary
Guarantors"), the Lenders (as defined therein), the L/C Issuers (as defined
therein) and Bank of America, N.A., as Administrative Agent and the Swingline
Lender (as defined therein), amending that certain Credit Agreement, dated as of
September 12, 2022, by and among the Company, the lenders party thereto from
time to time, the Subsidiary Guarantors party thereto from time to time, the L/C
Issuers party thereto from time to time and Bank of America, N.A., as
Administrative Agent, Collateral Agent and Swingline Lender (as amended by the
Amendment, the "Credit Agreement"). Capitalized terms used but not defined
herein shall have the meanings given to such terms in the Amendment.
The Amendment provides for, among other things, an increase of the revolving
credit commitments under the Credit Agreement by $100.0 million (the "Increased
Revolving Commitments"). After giving effect to such increase, as of the Closing
Date, the aggregate amount of revolving credit commitments under the Credit
Agreement are $200.0 million, which commitments were undrawn as of such date.
The Increased Revolving Commitments are governed by the same terms and
conditions applicable to the revolving credit commitments under the Credit
Agreement prior to the effectiveness of the Amendment (the "Existing Revolving
Commitments"). A description of certain material terms and conditions of the
Existing Revolving Commitments is included within Item 1.01 of the Company's
Current Report on Form 8-K filed on September 15, 2022, which description is
incorporated herein by reference.
The foregoing description of the Amendment and the Credit Agreement is qualified
in its entirety by reference to the full text of the Amendment, a copy of which
is filed as Exhibit 10.1 hereto and incorporated herein by reference.
Item 2.03. Creation of a Direct Financial Obligation or an Obligation under an Off-Balance
Sheet Arrangement of a Registrant.
The discussion in Item 1.01 is incorporated herein by reference.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits
The exhibits listed on the Exhibit Index immediately preceding such exhibits are
furnished as part of this Current Report on Form 8-K.
Exhibit No. Description
Exhibit 10.1 First Amendment to Credit Agreement, dated as of January 26, 2023, among
SunPower Corporation, certain of its subsidiaries as guarantors, the Lenders
(as defined therein) from time to time party thereto , the L/C
Issuers (as defined therein) from time to time party thereto and Bank of
America, N.A., as Administrative Agent and the Swingline Lender
Exhibit 104 Cover Page Interactive Data File (embedded within the Inline XBRL document).
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