UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
FORM
CURRENT REPORT
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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 5.03 Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year.
On June 29, 2020, Vistra Energy Corp. (the “Company”) filed with the Secretary of State of the State of Delaware a Certificate of Amendment to the Company’s Restated Certificate of Incorporation (the “Certificate of Amendment”) to change the legal name of the Company from “Vistra Energy Corp.” to “Vistra Corp.” effective as of July 2, 2020 (the “Name Change”). The foregoing summary of the Certificate of Amendment does not purport to be complete and is subject to, and qualified in its entirety by, the full text of the Certificate of Amendment which is filed as Exhibit 3.1 to this Current Report on Form 8-K (“Current Report”) and incorporated herein by reference.
Additionally, the Board approved an amendment and restatement of the Company’s Restated Bylaws to reflect the Name Change (as amended and restated, the “Restated Bylaws”), effective as of July 2, 2020. The foregoing summary of the Restated Bylaws does not purport to be complete and is subject to, and qualified in its entirety by, the full text of the Restated Bylaws which is filed as Exhibit 3.2 to this Current Report and incorporated herein by reference.
The Company’s common stock, par value $0.01 per share (the “Common Stock”) and warrants (the “Warrants”) will continue trading on the New York Stock Exchange under the symbols “VST” and “VST.WS.A,” respectively, and no change will be made to the CUSIP number for the Company’s Common Stock or Warrants, respectively.
Item 9.01. Financial Statements and Exhibits.
| (d) | Exhibits. |
| Exhibit No. |
Description | |||
| 3.1 |
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| 3.2 |
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| 104 |
Cover Page Interactive Data File (embedded within the Inline XBRL document) | |||
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.
| Dated: June 29, 2020 |
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| VISTRA ENERGY CORP. | ||||||
| By: |
/s/ Yuki Whitmire | |||||
| Name: |
Yuki Whitmire | |||||
| Title: |
Vice President, Associate General Counsel and Corporate Secretary | |||||