Attached files
file | filename |
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EX-99.6 - EX-99.6 - Solar Power, Inc. | f57411exv99w6.htm |
EX-99.5 - EX-99.5 - Solar Power, Inc. | f57411exv99w5.htm |
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K/A
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): July 29, 2010
SOLAR POWER, INC.
(Exact name of registrant as specified in its charter)
California | 000-50142 | 20- 4956638 | ||
(State or other jurisdiction of incorporation or organization) |
(Commission File Number) | (I.R.S. Employer Identification No.) |
1115 Orlando Avenue
Roseville, California 95661-5247
Roseville, California 95661-5247
(Address
and telephone number of principal executive offices) (Zip Code)
(916) 746-0900
(Registrants
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):
o Written communications pursuant to Rule 425 under the Securities Act
(17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17
CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the
Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the
Exchange Act (17 CFR 240.13e-4(c))
Explanatory Note
This amendment is being filed solely to amend the Original Form 8-K to include Exhibits 99.5 and
99.6. These exhibits are not material agreements as defined in Item 601(10) of Regulation S-K, but
were referenced in the Estoppel, as noted below, and are being included herewith solely to
incorporate the terms thereof by reference within the filing.
As previously disclosed, Solar Power, Inc. (the Company) entered into an Acknowledgment,
Confirmation and Estoppel (the Estoppel) whereby the Company agreed to the collateral assignment
to Umpqua Bank of the Operations and Maintenance Agreement between the Company and Solar Tax
Partners 1, LLC (STP) dated December 11, 2009 and amended on January 10, 2010 (the O&M
Agreement) and the Photovoltaic System Energy Output Guaranty between the Company, STP and Master
Tenant 2008-C, LLC (the Output Guaranty). Under the Estoppel, the Company agreed to provide
Umpqua Bank with written notice of any default or breach by the parties to the O&M Agreement or
Output Guaranty and granted Umpqua Bank certain rights to cure such default or breach under the
agreements.
The description of the O&M Agreement and the Output Guaranty are a summary only, do not purport to
be complete and are qualified in their entirety by reference to the Exhibits attached hereto.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits.
Exhibit | ||
No. | Description | |
99.5
|
Operations and Maintenance Agreement dated December 11, 2009* | |
99.6
|
Photovoltaic System Energy Output Guaranty dated December 18, 2009* | |
* |
Portions of this exhibit have been redirected and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. |
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SIGNATURE
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.
SOLAR POWER, INC. a California Corporation |
||||
Dated: November 16, 2010 | /s/ Alan M. Lefko | |||
Alan M. Lefko | ||||
Vice President Finance and Secretary | ||||
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