UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, DC 20549

FORM 8-K

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the

Securities Exchange Act of 1934

Date of report (Date of earliest event reported): ~~January~~February 5, 2024

SUNWORKS, INC.

(Exact Name of the Registrant as Specified in Charter)

Delaware

001-36868

01-0592299

(State or Other Jurisdiction

of Incorporation)

(Commission

File Number)

(IRS Employer

Identification No.)

1555 Freedom Blvd,

Provo, UT

84604

(Address of Principal Executive Offices)

(Zip Code)

(385) 497-6955

Registrant’s telephone number, including area code

N/A

(Former Name or Former Address, if Changed Since Last Report)

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:

☐	Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

☐	Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

☐	Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

☐	Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Securities registered pursuant to Section 12(b) of the Act:

Title of each class		Trading Symbol		Name of each exchange on which registered
Common Stock, par value $0.001		SUNW		The Nasdaq Capital Market

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

Emerging growth 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. ☐

Item 5 1.0203. ~~Departure~~Bankruptcy ~~of Directors~~ or ~~Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.~~Receivership

~~Resignation~~On February 5, 2024, after considering all strategic alternatives, Sunworks, Inc. (the “Company”) and three of ~~Jason~~its ~~Bonfigt~~subsidiaries ceased asoperations ~~Chief~~and ~~Financial~~filed ~~Officer~~voluntary petitions for relief under the provisions of Chapter 7 of Title 11 of the United States Code (the “Bankruptcy Code”) in the United States Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”), Case Nos. 24-10215, 24-10216, 24-10217 and 24-10218.

OnA ~~January~~Chapter 5,7 ~~2024,~~trustee ~~Jason~~will ~~Bonfigt~~be ~~submitted~~appointed toby the ~~Board~~Bankruptcy ofCourt ~~Directors~~and ofwill ~~Sunworks,~~assume ~~Inc.~~control (over the ~~“Company”)~~assets ~~his~~and ~~resignation~~liabilities ~~from his~~of ~~position~~the asCompany, ~~Chief~~effectively eliminating ~~Financial~~the ~~Officer~~authority and powers of the ~~Company,~~Board ~~effective~~of ~~January~~Directors 5,of ~~2024.~~the ~~Mr.~~Company ~~Bonfigt~~and ~~will~~its beexecutive ~~available~~officers to ~~assist~~act on behalf of the Company. asThe aassets ~~consultant~~of ~~during~~the aCompany ~~transition~~will ~~period~~be liquidated and claims paid in accordance with the Bankruptcy Code.

Item 5.02.

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.

On February 5, 2024, Mark Trout, Chief Executive Officer tendered his resignation, effective on such date. As of February 5, 2024, the Company has no officers, consultants or employees.

On February 5, 2024, directors Mark Trout, Patrick McCullough, Rhone Resch and Stanley Speer resigned as members of the Company’s Board of Directors. The Company has no current members of the Board of Directors.

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Registrant has duly caused this Report to be signed on its behalf by the undersigned hereunto duly authorized.

	SUNWORKS, INC.
Date: January 8, 2024	By:	/s/ Mark Trout
Date: February 5, 2024	By:	/s/ Mark Trout
		Mark Trout
		Chief Executive Officer

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