Item 3.01. Notice of Delisting or Failure to Satisfy a Continued Listing Rule or
Standard; Transfer of Listing.
As previously disclosed, on July 27, 2022, Catherine A. Lesjak notified SunPower
Corporation (the "Company") of her intent to resign from the Board of Directors
(the "Board") of the Company, effective on or before December 31, 2022. On
December 31, 2022, Ms. Lesjak departed from the Board and any committees
thereof, effective immediately.
On January 3, 2023, the Company notified The Nasdaq Stock Market LLC ("Nasdaq")
that, as a result of Ms. Lesjak's resignation, the Company was no longer in
compliance with Nasdaq Listing Rule 5605(c)(2), which requires the audit
committee to consist of at least three members, each of whom is an independent
director and meets heightened independence standards for audit committee
members. As permitted by Nasdaq Listing Rule 5605(c)(4)(B), the Company intends
to cure this non-compliance prior to June 29, 2023 and has an active search
underway to fill the vacancy on the Board. Following the Company's notification
to Nasdaq, the Company received a notification from Nasdaq on January 4, 2023
that, as a result of Ms. Lesjak's resignation, the Company was no longer in
compliance with Nasdaq Listing Rule 5605(c)(2), as described above.
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