0000899243-22-039609.txt : 20221230
0000899243-22-039609.hdr.sgml : 20221230
20221230195602
ACCESSION NUMBER: 0000899243-22-039609
CONFORMED SUBMISSION TYPE: 4
PUBLIC DOCUMENT COUNT: 1
CONFORMED PERIOD OF REPORT: 20221228
FILED AS OF DATE: 20221230
DATE AS OF CHANGE: 20221230
REPORTING-OWNER:
OWNER DATA:
COMPANY CONFORMED NAME: Russell Dana C
CENTRAL INDEX KEY: 0001367405
FILING VALUES:
FORM TYPE: 4
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-38246
FILM NUMBER: 221503038
MAIL ADDRESS:
STREET 1: 404 WYMAN STREET
STREET 2: SUITE 500
CITY: WALTHAM
STATE: MA
ZIP: 02451
ISSUER:
COMPANY DATA:
COMPANY CONFORMED NAME: Vivint Smart Home, Inc.
CENTRAL INDEX KEY: 0001713952
STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-DETECTIVE, GUARD & ARMORED CAR SERVICES [7381]
IRS NUMBER: 981380306
STATE OF INCORPORATION: DE
FISCAL YEAR END: 1231
BUSINESS ADDRESS:
STREET 1: 4931 NORTH 300 WEST
CITY: PROVO
STATE: UT
ZIP: 84604
BUSINESS PHONE: (801) 705-8011
MAIL ADDRESS:
STREET 1: 4931 NORTH 300 WEST
CITY: PROVO
STATE: UT
ZIP: 84604
FORMER COMPANY:
FORMER CONFORMED NAME: Mosaic Acquisition Corp.
DATE OF NAME CHANGE: 20170804
4
1
doc4.xml
FORM 4 SUBMISSION
X0306
4
2022-12-28
0
0001713952
Vivint Smart Home, Inc.
VVNT
0001367405
Russell Dana C
C/O VIVINT SMART HOME, INC.
4931 NORTH 300 WEST
PROVO
UT
84604
0
1
0
0
Chief Financial Officer
Class A Common Stock
2022-12-28
4
M
0
88029
A
88029
D
Class A Common Stock
2022-12-28
4
F
0
26653
11.91
D
61376
D
Restricted Stock Units
2022-12-28
4
M
0
88029
0.00
D
Class A Common Stock
88029
616196
D
In connection with the anticipated transactions contemplated by the Agreement and Plan of Merger, dated as of December 6, 2022, entered into by and among Vivint Smart Home, Inc. (the "Issuer"), NRG Energy, Inc. ("Parent"), and Jetson Merger Sub, Inc., a wholly owned subsidiary of Parent ("Merger Sub"), pursuant to which Merger Sub will be merged with and into the Issuer (the "Merger"), with the Issuer surviving the Merger as a wholly owned subsidiary of Parent, the Board of Directors of the Issuer approved the acceleration of the payment of certain equity awards to mitigate certain adverse tax consequences under Section 280G or 4999 of the Internal Revenue Code of 1986, as amended, that could arise in connection with the Merger.
The accelerated settlement described in this Form 4 is contingent upon the Reporting Person's agreement to repay accelerated compensation amounts if the Reporting Person ceases to be employed with the Issuer prior to the date which his equity award described herein would otherwise vest, subject to any outstanding accelerated vesting provisions.
Each restricted stock unit ("RSU") represents a contingent right to receive one share of Class A common stock of the Issuer ("Class A Common Stock"). The RSUs will be settled in either Class A Common Stock or cash.
Reflects shares of Class A Common Stock withheld to cover the Reporting Person's tax liability in connection with the vesting of RSUs.
On May 16, 2022, the Reporting Person was granted 704,225 RSUs that were scheduled to vest in four equal annual installments beginning on May 16, 2023. The number of RSUs reported represents 50% of the number of RSUs that was scheduled to vest on May 16, 2023. The remaining unvested RSUs will vest in accordance with the terms of the initial grant.
/s/ Garner B. Meads, III, as Attorney-in-Fact
2022-12-30