SUNPOWER CORP: debt financing — SunPower enters $175M second-lien facility, amends first-lien covenants, issues warrants for up to 75M shares

The Atlas Fifth Amendment provides for, among other things, (i) a permanent waiver of these events of defaults and other related matters and (ii) an extension of the maturity date from December 18, 2024 to August [18], 2025, subject to extension to June [18], 2026 if certain conditions are met, including payment of an extension fee.

but not defined in this section shall have the meanings given to such terms in the Second Lien Credit Agreement. The Second Lien Credit Agreement consists of an approximately $175 million term loan facility (“Term Loan Facility”) comprised of a $125 million tranche (“Tranche 1 Second Lien Loans”) that was borrowed on the closing date (including the cashless roll

On February 14, 2024, the Company entered into a Second Lien Credit Agreement with certain of its subsidiaries as guarantors party thereto, the lenders party thereto, GLAS USA LLC, as Administrative Agent, and GLAS Americas, LLC, as Collateral Agent (the “Second Lien Credit Agreement”).

On February 14, 2024, SunPower Corporation (“SunPower” or the “Company”) entered into the Fourth Amendment Agreement (the “Fourth Amendment”), amending that certain Credit Agreement, dated as of September 12, 2022

On February 14, 2024, the Company received executed written consents from stockholders constituting the holders of the Company’s outstanding Common Stock having not less than the minimum number of votes that would be necessary to authorize or take such actions at a meeting at which all shares entitled to vote thereon were present and voted approving the issuance of all shares of Common Stock issuable upon exercise of the First Tranche Warrant exceeding the 19.99% Cap, the transactions contemplated by the Form of Warrant, the issuance of the Second Tranche Warrants (as defined in the Form of Warrant) and the underlying Second Tranche Warrant Shares (as defined in the Form of Warrant).