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10/9/25 , 4:53 PM Table of Contents ☑ spwr - 20210103 UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington , D.C. 20549 FORM 10 - K ANNUAL REPORT PURSUANT TO SECTION 13 OR 15 ( d ) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended January 3 , 2021 OR TRANSITION REPORT PURSUANT TO SECTION 13 OR 15 ( d ) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from Commission file number 001-34166 to SUNPOWERⓇ SunPower Corporation ( Exact Name of Registrant as Specified in Its Charter ) Delaware ( State or Other Jurisdiction of Incorporation or Organization ) 51 Rio Robles San Jose California ( Address of Principal Executive Offices ) 94-3008969 ( I.R.S. Employer Identification No. ) 95134 ( Zip Code ) ( 408 ) 240-5500 ( Registrant's Telephone Number , Including Area Code ) Securities registered pursuant to Section 12 ( b ) of the Act : Title of each class Trading Symbol Common Stock $ 0.001 par value SPWR Name of each exchange on which registered Nasdaq Global Select Market Securities registered pursuant to Section 12 ( g ) of the Act : None Indicate by check mark if the registrant is a well - known seasoned issuer , as defined in Rule 405 of the Securities Act . Yes ☑ No □ Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or Section 15 ( d ) of the Act . Yes ☐ No ☑ Indicate by check mark whether the registrant ( 1 ) has filed all reports required to be filed by Sections 13 or 15 ( d ) of the Securities Exchange Act of 1934 during the preceding 12 months ( or for such shorter period that the registrant was required to file such reports ) , and ( 2 ) has been subject to such filing requirements for the past 90 days . Yes ☑No ☐ Indicate by check mark whether the registrant has submitted electronically every Interactive Data File required to be submitted pursuant to Rule 405 of Regulation S - T ( $ 232.405 of this chapter ) during the preceding 12 months ( or for such shorter period that the registrant was required to submit such files ) . Yes ☑ No ☐ Indicate by check mark whether the registrant is a large accelerated filer , an accelerated filer , a non - accelerated filer , smaller reporting company , or an emerging growth company . See the definitions of " large accelerated filer , " " accelerated filer , " " smaller reporting company , " and " emerging growth company " in Rule 12b - 2 of the Exchange Act . Large accelerated filer ☐ Emerging growth company ☐ Accelerated filer ☑ Non - accelerated filer ☐ Smaller reporting company ☐ If an emerging growth company , indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13 ( a ) of the Exchange Act . ☐ Indicate by check mark whether the registrant has filed a report on and attestation to its management's assessment of the effectiveness of its internal control over financial reporting under Section 404 ( b ) of the Sarbanes - Oxley Act ( 15 U.S.C. 7262 ( b ) ) by the registered public accounting firm that prepared or issued its audit report . Yes > No ☐ Indicate by check mark whether the registrant is a shell company ( as defined in Rule 12b - 2 of the Act ) . Yes ☐ No ☑ The aggregate market value of the voting and non - voting common equity held by non - affiliates of the registrant on June 28 , 2020 ( the last business day of the registrant's most recently completed second fiscal quarter ) was $ 579.5 million . Such aggregate market value was computed by reference to the closing price of the common stock as reported on the Nasdaq Global Select Market on June 28 , 2020. For purposes of determining this amount only , the registrant has defined affiliates as including Total Solar INTL SAS , formerly known as Total Solar International SAS , Total Energies Nouvelles Activités USA and Total Gas & Power USA , SAS and the executive officers and directors of the registrant on June 28 , 2020 . The total number of outstanding shares of the registrant's common stock as of February 12 , 2021 was 170,555,340 . https://www.sec.gov/Archives/edgar/data/867773/000086777321000026/spwr-20210103.htm 1/149