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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
SCHEDULE 13D
Under the Securities Exchange Act of 1934
(Amendment No. 1)*
c/o Solar Power, Inc.
1115 Orlando Avenue
Roseville, California 95661
(916) 745-0900
Receive Notices and Communications)
If the filing person has previously filed a statement on Schedule 13G to report the acquisition that is the subject of this Schedule 13D, and is filing this schedule because of §§ 240.13d-1(e), 240.13d-1(f) or 240.13d-1(g), check the following box.o
* The remainder of this cover page shall be filled out for a reporting person’s initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter disclosures provided in a prior cover page.
The information required on the remainder of this cover page shall not be deemed to be “filed” for the purpose of Section 18 of the Securities Exchange Act of 1934 (“Act”) or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes).
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CUSIP No. | 83490A100 |
1. | NAMES OF REPORTING PERSONS. I. R. S. Identification Nos. of above persons (entities only). LDK SOLAR CO., LTD. | ||||||||||
2. | CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (SEE INSTRUCTIONS) | ||||||||||
(a) o | |||||||||||
(b) þ | |||||||||||
3. | SEC USE ONLY | ||||||||||
4. | SOURCE OF FUNDS (SEE INSTRUCTIONS) | ||||||||||
WC | |||||||||||
5. | CHECK IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) OR 2(e) | ||||||||||
o | |||||||||||
6. | CITIZENSHIP OR PLACE OF ORGANIZATION | ||||||||||
Cayman Islands | |||||||||||
7. | SOLE VOTING POWER | ||||||||||
NUMBER OF | 42,835,947 | ||||||||||
SHARES | 8. | SHARED VOTING POWER | |||||||||
BENEFICIALLY | |||||||||||
OWNED BY | 6,000,000 | ||||||||||
EACH | 9. | SOLE DISPOSITIVE POWER | |||||||||
REPORTING | |||||||||||
PERSON | 42,835,947 | ||||||||||
WITH | 10. | SHARED DISPOSITIVE POWER | |||||||||
6,000,000 | |||||||||||
11. | AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON | ||||||||||
48,835,947 | |||||||||||
12. | CHECK IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES (SEE INSTRUCTIONS) | ||||||||||
o | |||||||||||
13. | PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) | ||||||||||
Approximately 51.2% | |||||||||||
14. | TYPE OF REPORTING PERSON (SEE INSTRUCTIONS) | ||||||||||
CO |
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(a) | The Reporting Person has acquired beneficial ownership in: |
(i) | 42,835,947 Purchased Shares, which is approximately 44.9% of Shares issued and outstanding; and | ||
(ii) | 6,000,000 Voting Shares, which is approximately 6.3% of Shares issued and outstanding. The Reporting Person’s beneficial ownership in these Voting Shares is solely with respect to the specific purposes discussed in Item 4 above; these Voting Shares are for all other purposes beneficially owned by Stephen C. Kircher. |
(b) | The Reporting Person holds sole power to vote and sole power to dispose the Purchased Shares. The Reporting Person holds shared power to direct the vote and power to restrict the disposition of the Voting Shares. Specifically, the Reporting Person has obtained Stephen C. Kircher’s agreement to vote the Voting Shares in favor of an amendment to the Issuer’s certificate of incorporation that would increase the amount of authorized Shares. The Reporting Person does not have any power to direct the vote of any of the Voting Shares for any other purpose. Additionally, the Reporting Person has obtained Stephen C. Kircher’s agreement not to dispose of or in any way relinquish his interests in all or any of the Voting Shares, with such agreement terminating after Mr. Kircher has fulfilled his voting obligations with respect to the amendment to the certificate of incorporation discussed in Item 4. |
(c) | The Reporting person has not engaged in any transaction involving Shares that were reported or effected during the past sixty days, other than those transactions disclosed in this Amendment No. 1 and in the Original Schedule 13D. |
(d) | Other than those interests detailed in paragraph (b) above, Stephen C. Kircher holds all rights of ownership to the Voting Shares, including the right to receive dividends from, and the proceeds from the sale of, the Voting Shares. |
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