0000899243-22-039610.txt : 20221230 0000899243-22-039610.hdr.sgml : 20221230 20221230195700 ACCESSION NUMBER: 0000899243-22-039610 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: Meads Garner B. III CENTRAL INDEX KEY: 0001892703 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-38246 FILM NUMBER: 221503039 MAIL ADDRESS: STREET 1: C/O VIVINT SMART HOME, INC. STREET 2: 4931 NORTH 300 WEST CITY: PROVO STATE: UT ZIP: 84604 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 0001892703 Meads Garner B. III C/O VIVINT SMART HOME, INC. 4931 NORTH 300 WEST PROVO UT 84604 0 1 0 0 See Remarks Class A Common Stock 2022-12-28 4 M 0 5548 A 61224 D Class A Common Stock 2022-12-28 4 M 0 3634 A 64858 D Class A Common Stock 2022-12-28 4 M 0 3634 A 68492 D Class A Common Stock 2022-12-28 4 M 0 9713 A 78205 D Class A Common Stock 2022-12-28 4 M 0 34454 A 112659 D Class A Common Stock 2022-12-28 4 M 0 14286 A 126945 D Class A Common Stock 2022-12-28 4 F 0 28545 11.91 D 98400 D Restricted Stock Units 2022-12-28 4 M 0 5548 0.00 D Class A Common Stock 5548 5549 D Restricted Stock Units 2022-12-28 4 M 0 3634 0.00 D Class A Common Stock 3634 7267 D Restricted Stock Units 2022-12-28 4 M 0 3634 0.00 D Class A Common Stock 3634 7267 D Restricted Stock Units 2022-12-28 4 M 0 9713 0.00 D Class A Common Stock 9713 19424 D Restricted Stock Units 2022-12-28 4 M 0 34454 0.00 D Class A Common Stock 34454 103363 D Restricted Stock Units 2022-12-28 4 M 0 14286 0.00 D Class A Common Stock 14286 42857 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 any of his equity awards 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. Reflects an initial grant of 22,195 RSUs that vests in four equal annual installments beginning on January 17, 2021. The number of RSUs reported represents 100% of the number of RSUs that was scheduled to vest on January 17, 2023. The remaining unvested RSUs will vest in accordance with the terms of the initial grant. Reflects performance-based RSUs previously granted to the Reporting Person, the performance of which was certified on March 1, 2022. Upon certification of the award, the Reporting Person received 3,634 shares of Class A Common Stock and 10,901 RSUs that were scheduled to vest in three equal annual installments beginning on March 1, 2023. The number of RSUs reported represents 100% of the number of RSUs that was scheduled to vest on March 1, 2023. The remaining unvested RSUs will vest in accordance with the terms of the initial grant. Reflects an initial grant of 14,535 RSUs that vests in four equal annual installments beginning on March 1, 2022. The number of RSUs reported represents 100% of the number of RSUs that was scheduled to vest on March 1, 2023. The remaining unvested RSUs will vest in accordance with the terms of the initial grant. Reflects an initial grant of 38,850 RSUs that vests in four equal annual installments beginning on September 1, 2022. The number of RSUs reported represents 100% of the number of RSUs that was scheduled to vest on September 1, 2023. The remaining unvested RSUs will vest in accordance with the terms of the initial grant. Reflects an initial grant of 137,817 RSUs that vests in four equal annual installments beginning on December 2, 2022. The number of RSUs reported represents 100% of the number of RSUs that was scheduled to vest on December 2, 2023. The remaining unvested RSUs will vest in accordance with the terms of the initial grant. Reflects an initial grant of 57,143 RSUs that vests in four equal annual installments beginning on March 1, 2023. The number of RSUs reported represents 100% of the number of RSUs that was scheduled to vest on March 1, 2023. The remaining unvested RSUs will vest in accordance with the terms of the initial grant. Title: Chief Legal Officer and Secretary /s/ Garner B. Meads, III 2022-12-30