|
||||||||||||||||||||||||||
| SEC Info℠ | | | Home | | | Search | | | My Interests | | | Help | | | Sign In | | | Please Sign In | |||||||
|
||||||||||||||||||||||||||
As Of Filer Filing For·On·As Docs:Size 2/25/13 Sunpower Corp 10-K 12/30/12 99:31M |
Document/Exhibit Description Pages Size
1: 10-K Annual Report HTML 1.87M
2: EX-10.34 Third Amendment to Credit Support Agreement HTML 40K
3: EX-10.54 Sunpower Corporation Executive Quarterly Key HTML 55K
Initiative Bonus Plan
4: EX-10.63 Mortgage Supplement No. 1 HTML 49K
5: EX-10.64 Mortgage Supplement No. 2 HTML 48K
6: EX-10.69 Second Amendment to Letter of Credit Facility HTML 65K
Agreement
7: EX-10.73 Third Amendment to Revolving Credit Agreement HTML 94K
8: EX-10.94 Waiver Letter HTML 46K
9: EX-10.96 Engineering, Procurement and Construction HTML 1.16M
Agreement (Antelope Valley Solar Proje
10: EX-10.97 Engineering, Procurement and Construction HTML 1.17M
Agreement (Antelope Valley Solar Proje
11: EX-10.98 Amendment No. 1 to Master Agreement HTML 47K
12: EX-21.1 List of Subsidiaries HTML 30K
13: EX-23.1 Consent of Independent Registered Public HTML 28K
Accounting Firm
14: EX-23.2 Consent of Independent Registered Public HTML 28K
Accounting Firm
15: EX-24.1 Power of Attorney HTML 41K
16: EX-31.1 Certification by Chief Executive Officer Pursuant HTML 34K
to Rule 13A-14(A)/15D-14(A)
17: EX-31.2 Certification by Chief Financial Officer Pursuant HTML 34K
to Rule 13A-14(A)/15D-14(A)
18: EX-32.1 Certification Furnished Pursuant to 18 U.S.C. HTML 31K
Section 1350 as Adopted Pursuant T
71: R1 Document and Entity Information HTML 55K
58: R2 Consolidated Balance Sheets HTML 172K
69: R3 Consolidated Balance Sheets (Parenthetical) HTML 52K
73: R4 Consolidated Statements of Operations HTML 180K
92: R5 Consolidated Statements of Comprehensive Income HTML 62K
(Loss)
60: R6 Consolidated Statement of Stockholders' Equity HTML 127K
68: R7 Consolidated Statements of Cash Flows HTML 341K
53: R8 The Company and Summary of Significant Accounting HTML 119K
Policies
43: R9 Transactions with Total and Total S.A. HTML 86K
93: R10 Transfer of Entities Under Common Control HTML 160K
75: R11 Business Combinations HTML 39K
74: R12 Sale of Discontinued Operations HTML 43K
80: R13 Goodwill and Other Intangible Assets HTML 111K
81: R14 Balance Sheet Components HTML 241K
78: R15 Fair Value Measurements HTML 126K
82: R16 Restructuring HTML 150K
70: R17 Commitments and Contingencies HTML 141K
72: R18 Equity Method Investments HTML 73K
77: R19 Debt and Credit Sources HTML 234K
99: R20 Foreign Currency Derivatives HTML 135K
88: R21 Income Taxes HTML 177K
64: R22 Preferred Stock and Common Stock (Notes) HTML 58K
76: R23 Net Income (Loss) Per Share of Common Stock HTML 137K
66: R24 Stock-Based Compensation HTML 155K
35: R25 Segment Information HTML 206K
89: R26 The Company and Summary of Significant Accounting HTML 235K
Policies (Policies)
96: R27 The Company and Summary of Significant Accounting HTML 59K
Policies The Company and Summary of Significant
Accounting Policies (Tables)
48: R28 Transfer of Entities Under Common Control (Tables) HTML 150K
47: R29 Sale of Discontinued Operations (Tables) HTML 40K
51: R30 Goodwill and Other Intangible Assets (Tables) HTML 103K
52: R31 Balance Sheet Components (Tables) HTML 263K
54: R32 Fair Value Measurements Fair Value Measurements HTML 117K
(Tables)
31: R33 Restructuring (Tables) HTML 144K
86: R34 Commitments and Contingencies (Tables) HTML 103K
62: R35 Equity Method Investments (Tables) HTML 43K
65: R36 Debt and Credit Sources (Tables) HTML 157K
38: R37 Foreign Currency Derivatives (Tables) HTML 115K
98: R38 Income Taxes (Tables) HTML 165K
25: R39 Preferred Stock and Common Stock (Tables) HTML 46K
55: R40 Net Income (Loss) Per Share of Common Stock HTML 126K
(Tables)
91: R41 Stock-Based Compensation (Tables) HTML 146K
37: R42 Segment Information (Tables) HTML 202K
46: R43 The Company and Summary of Significant Accounting HTML 64K
Policies The Company and Summary of Significant
Accounting Policies (Details)
50: R44 Transactions with Total (Details) HTML 135K
59: R45 Transfer of Entities Under Common Control HTML 295K
(Details)
30: R46 Business Combinations (Details) HTML 31K
42: R47 Sale of Discontinued Operations (Details) HTML 56K
27: R48 Goodwill and Other Intangible Assets - Goodwill HTML 69K
(Details)
90: R49 Goodwill and Other Intangible Assets - Intangible HTML 71K
Assets (Details)
36: R50 Balance Sheet Components (Details) HTML 303K
87: R51 Fair Value Measurements (Details) HTML 57K
39: R52 Fair Value Measurements Fair Value Measurements - HTML 40K
Debt Derivatives (Details)
56: R53 Fair Value Measurements - Assets and Liabilities HTML 38K
Measured at Fair Value on a Non-Recurring Basis
(Details)
26: R54 Restructuring (Details) HTML 111K
29: R55 Commitments and Contingencies (Details) HTML 158K
49: R56 Commitments and Contingencies - Advances to HTML 45K
Suppliers (Details)
33: R57 Commitments and Contingencies - Future Financing HTML 32K
Commitments (Details)
94: R58 Commitments and Contingencies Commitments and HTML 62K
Contingencies - Advances From Customers (Details)
61: R59 Equity Method Investments (Details) HTML 114K
79: R60 Debt and Credit Sources (Details) HTML 393K
41: R61 Debt and Credit Sources - Convertible Debenture HTML 157K
and Related Transactions (Details)
44: R62 Foreign Currency Derivatives (Details) HTML 52K
85: R63 Foreign Currency Derivatives - Net Gain (Loss) HTML 57K
(Details)
83: R64 Income Taxes (Details) HTML 219K
63: R65 Income Taxes - Operating Loss Carryforwards HTML 37K
(Details)
84: R66 Income Taxes - Tax Holidays (Details) HTML 39K
40: R67 Preferred Stock and Common Stock (Details) HTML 44K
67: R68 Net Income (Loss) Per Share of Common Stock HTML 115K
(Details)
95: R69 Net Income (Loss) Per Share of Common Stock - HTML 51K
Anti-Dilutive Securities (Details)
28: R70 Stock-Based Compensation (Details) HTML 160K
34: R71 Segment Information (Details) HTML 108K
57: R72 Segment Information - Major Customer (Details) HTML 28K
97: XML IDEA XML File -- Filing Summary XML 141K
45: EXCEL IDEA Workbook of Financial Reports (.xls) XLS 4.47M
19: EX-101.INS XBRL Instance -- spwr-20121230 XML 6.25M
21: EX-101.CAL XBRL Calculations -- spwr-20121230_cal XML 404K
22: EX-101.DEF XBRL Definitions -- spwr-20121230_def XML 1.52M
23: EX-101.LAB XBRL Labels -- spwr-20121230_lab XML 3.40M
24: EX-101.PRE XBRL Presentations -- spwr-20121230_pre XML 1.86M
20: EX-101.SCH XBRL Schema -- spwr-20121230 XSD 310K
32: ZIP XBRL Zipped Folder -- 0000867773-13-000012-xbrl Zip 558K
| ex10_54x12302012 |
Article 1 | - Executive KI Plan Objective |
1.1 | The
objective of this Executive Quarterly Key Initiative Bonus Plan (“Executive KI Plan”) is to provide incentives to key employees of SunPower Corporation and its subsidiaries (collectively, the “Company”) based on the Company's profit before tax, quarterly company milestones and an individual's performance against set individual key initiatives (“KIs”). The Executive KI Plan shall be administered by the Compensation Committee appointed by the Board of Directors of SunPower Corporation. |
Article 2 | - Effective
Date |
2.1 | This quarterly program will be effective as of January 1, 2013. “Plan Periods” under the Executive KI Plan will correspond to the fiscal quarters of the Company. |
Article 3 | - Eligibility for Executive KI Plan Participation |
3.1 | All
executive officers of the Company, as well as any other key employees approved by the Compensation Committee of the Board of Directors, shall participate in the Executive KI Plan. Participation will generally be limited to the CEO and executive direct reports. |
Article 4 | - Target Bonus Percentages and Calculations |
4.1 | Executive
KI Target Bonus Percentages. Each Executive KI Plan participant will be allocated a KI target bonus expressed as a percentage of his or her base salary. KI target bonus percentages are set by the Compensation Committee. The Compensation Committee may, in its discretion, set maximum caps on the payout amount for KI bonuses. The Compensation Committee may delegate establishing KI target bonus percentages to officers of the Company; provided that executive officer KI target bonus percentages must be approved by the Compensation Committee. |
4.2 | Executive KI Plan Components.
|
(i) | Quarterly KI Score. At the start of each quarter the participant will formulate with his or her supervisor a list of key initiatives for such quarter. Each initiative will be allocated a certain number of points, and the quarterly scorecard shall total 100 points. Following each quarter the participant's supervisor will score the participant's achievement of key initiatives (expressed as a percentage). |
Page
1 of 5 | Company Confidential | |
(ii) | Company Milestone Score. With respect to each quarter the Board of Directors will establish quarterly company milestones for such quarter. Each company milestone will be allocated a certain number of points. Following each quarter, the executive officers of the Company will score the achievement of company milestones (expressed as a percentage). |
(iii) | PBT
Score. At the start of the quarter the executive officers will establish an internal profit before tax financial target for the Company (“Target PBT”), including minimum and maximum PBT levels for the quarter. Following the quarter, the actual profit before tax will be determined (“Actual PBT”), including minimum and maximum PBT levels for the quarter. Following the quarter, the actual profit before tax will be determined (“Actual PBT”). |
4.3 | Quarterly bonuses under this Executive KI Plan are based on a combination of (a) the participant's number of points achieved on his or
her key initiative scorecard for the quarter (expressed as a percentage), (b) the percentage of company milestones achieved for the quarter and (c) the Actual PBT for such quarter. In particular, the bonus payout is calculated as follows: |
(i) | For each quarter: |
a. | If the company milestone score is equal to or less than 60%, no KI bonus will be calculated for the quarter. |
b. | If
the company milestone score is greater than 60% and equal to or less than 80%, KI bonus for the quarter will be multiplied by a factor of 50%. |
c. | If the company milestone score is greater than 80%, KI bonus for the quarter will be multiplied by a factor of 100%. |
(ii) | The PBT factor is calculated as follows: |
a. | If
the Actual PBT is less than minimum performance level, no KI bonus payout will be made for that quarter. |
b. | If the Actual PBT is equal to or greater than the minimum but less than the Target PBT, KI bonus will be paid if the milestone condition is met as set forth above. |
c. | If the Actual PBT is between the Target PBT and the maximum performance level, and the milestone condition is met as set forth above is met, KI bonus will be multiplied by an adjustment factor between 100% and 125%, based on a straight-line proration between
target and the maximum achievement. Note that adjustment factor will be above 100% only if Actual PBT result is greater than zero. |
Page
2 of 5 | Company Confidential | |
d. | When the quarterly KI bonus is prorated and paid above 100%, it is subject to a maximum cap of 125%. The Board reserves the right to reduce payments above 100% of target, should the sum of payments above target for all eligible employees become a material portion of the Actual PBT achieved by the
Company. |
Article 5 | - Effect of Base Salary on Target Bonus Adjustments. |
5.1 | Payout calculations under the Executive KI Plan will be based on the plan participant's base salary at the end of the quarter being measured. |
5.2 | In the event a participant's KI target bonus percentage is changed during the quarter,
the participant's KI payout for the quarter shall be based on the KI target bonus in effect at the end of that quarter. |
Article 6 | - KI Achievement |
6.1 | KI attainment for the completed quarter and proposed KI for the next quarter are reviewed at the end of each quarter no later than the third Friday of the first month of the quarter. |
6.2 | In
setting KIs, a 0% threshold may be defined for each KI. This threshold, which could be timing and/or deliverable-based, is a point at which a KI score starts to be earned. If a participant does not reach/complete the minimum threshold, such KI will be scored 0% (zero). Progress beyond the threshold earns the participant a pro-rated score up to 110%. The score for a particular KI item cannot exceed 110%. Scoring greater than 100% for a KI item is usually limited to numeric or quantitative goals. |
6.3 | The Chief Executive Officer's quarterly KI score is the actual company milestone score for such quarter. |
Article
7 | - Eligibility for Payment |
7.1 | Employment: To be eligible for any portion of the bonus payment, the participant must be employed by the Company at the scheduled payment date. A participant who terminates employment prior to the payment date will be ineligible for any and all bonuses not yet paid, except as otherwise provided in this article or any separate agreement approved by the Compensation Committee. |
7.2 | New
Hires: New Hires shall be eligible to participate in the bonus program starting the first complete month of work, i.e. if they start the first business day of the month, they will be eligible to participate that month; otherwise, they will begin participation the following month. |
Page 3 of 5 | Company Confidential | |
7.3 | Disability: If
a participant is unable to perform the essential functions of his or her job with or without a reasonable accommodation and is eligible to receive disability benefits under the standards used by the Company's disability benefit plan, the participant will receive a bonus calculated as follows: the quarter in which the disability begins will be considered a completed quarter and the KI bonus for that quarter will be paid as though KI attainment was 100%. If/when the participant returns from disability leave, participation will be handled as outlined in section 7.2 above. |
7.4 | Retirement: If a participant retires, i.e. permanent termination of
employment with the Company in accordance with the Company's retirement policies, the participant will receive a bonus calculated as follows: the quarter in which the retirement begins will be considered a completed quarter and the KI bonus for that quarter will be paid as though KI attainment was 100%. Thereafter, quarterly participation ceases. |
7.5 | Death: If a participant dies, awards will be paid to the beneficiary designated by the participant or, if no such designation has been made, to the persons entitled thereto as determined by a court of competent
jurisdiction. The bonus will be calculated as follows: the quarter in which death occurred will be considered a completed quarter and the KI bonus for that quarter will be paid as though KI attainment was 100%. Thereafter, quarterly participation ceases. |
7.6 | Lay-off: If a participant is terminated by lay-off during a Plan Period, the quarter in which the lay-off occurred will be considered a completed quarter and the KI bonus for that quarter will be paid as though KI attainment was 100%. Thereafter, quarterly participation ceases. |
7.7 | No
bonus will be paid to employees who are terminated for cause. |
7.8 | All qualified bonus payments including future scheduled payments pursuant to Sections 7.3, 7.4, 7.5, and 7.6 will be paid in a lump sum. |
7.9 | The Chief Executive Officer reserves the right to reduce the bonus award of a participant on a pro-rata basis to reflect a participant's leave of absence during the applicable Plan Period. |
Article
8 | - Miscellaneous |
8.1 | Unless as defined in article 8.4, no right or interest in this Executive KI Plan is transferable or assignable except by will or laws of descent and distribution. |
8.2 | Participation in this Executive KI Plan does not guarantee any right to continued employment with the Company. |
8.3 | Participation
in the Executive KI Plan in a particular Plan Period is not a guarantee to participate in subsequent Plan Periods. |
Page 4 of 5 | Company Confidential | |
8.4 | Management
reserves the right to discontinue participation of any participant in this Executive KI Plan, at any time, and for whatever reasons. |
8.5 | This Executive KI Plan is unfunded and the Company does not intend to set up a sinking fund. Consequently, payments arising out of bonus earned shall be paid out of the Company's general assets. Accounts recognized by the Company for book purposes are not an indication of funds set aside for payment. Executive KI Plan participants are considered as general creditors
of the Company and the obligation of the Company is purely contractual and is not secured by any particular Company asset. |
8.6 | The provision of this Executive KI Plan shall not limit the ability of the Compensation Committee (or its designees) to modify said Executive KI Plan, or adopt such other plans on matters of compensation, bonus or incentive, which in its own judgment it deems proper, at any time. |
Page
5 of 5 | Company Confidential | |
| This ‘10-K’ Filing | Date | Other Filings | ||
|---|---|---|---|---|
 | ||||
| Filed as of: | 2/25/13 | IRANNOTICE, S-8 | ||
| Filed on: | 2/22/13 | 4 | ||
| 1/1/13 | 5 | |||
| For Period end: | 12/30/12 | 10-K/A | ||
| 2/19/12 | ||||
| List all Filings | ||||
As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 2/22/21 SunPower Corp. 10-K 1/03/21 154:23M 8/28/13 SEC UPLOAD¶ 10/10/17 1:76K SunPower Corp. 7/23/13 SEC UPLOAD¶ 10/10/17 1:139K SunPower Corp. 6/21/13 SEC UPLOAD¶ 10/10/17 1:163K SunPower Corp. |