secwatch / observer
8-K filed March 10, 2023, 6:59 PM ET CIK 0001713952
M&A confidence high sentiment neutral materiality 1.00

Vivint Smart Home, Inc.: M&A transaction — Vivint Smart Home completes $2.6B acquisition by NRG Energy; shareholders get $12.00/share

Vivint Smart Home, Inc.

Executive movements

Machine-extracted from this filing. Every card cites the SEC source. See all recent executive movements.

Appointed

Alberto Fornaro

Director
Vivint Smart Home, Inc.
Effective
2023-03-10
Filed
March 10, 2023, 6:59 PM ET
Alberto Fornaro and Rasesh Patel were appointed directors of the Company effective as of the Effective Time.
Departed

Dana C. Russell

Other Named Officer
Vivint Smart Home, Inc.
Effective
2023-03-10
Filed
March 10, 2023, 6:59 PM ET
David H. Bywater, Dana C. Russell and Garner Meads, who were officers of the Company, ceased to be officers of the Company.
Appointed

Christine Zoino

Other Named Officer
Vivint Smart Home, Inc.
Effective
2023-03-10
Filed
March 10, 2023, 6:59 PM ET
David Porter, Kevin L. Cole and Christine Zoino were appointed as officers of the Company.
Appointed

Rasesh Patel

Director
Vivint Smart Home, Inc.
Effective
2023-03-10
Filed
March 10, 2023, 6:59 PM ET
Alberto Fornaro and Rasesh Patel were appointed directors of the Company effective as of the Effective Time.
Appointed

Kevin L. Cole

Other Named Officer
Vivint Smart Home, Inc.
Effective
2023-03-10
Filed
March 10, 2023, 6:59 PM ET
David Porter, Kevin L. Cole and Christine Zoino were appointed as officers of the Company.
Departed

David H. Bywater

Other Named Officer
Vivint Smart Home, Inc.
Effective
2023-03-10
Filed
March 10, 2023, 6:59 PM ET
David H. Bywater, Dana C. Russell and Garner Meads, who were officers of the Company, ceased to be officers of the Company.
Appointed

David Porter

Other Named Officer
Vivint Smart Home, Inc.
Effective
2023-03-10
Filed
March 10, 2023, 6:59 PM ET
David Porter, Kevin L. Cole and Christine Zoino were appointed as officers of the Company.
Appointed

Mauricio Gutierrez

Director
Vivint Smart Home, Inc.
Effective
2023-03-10
Filed
March 10, 2023, 6:59 PM ET
at the Effective Time, Mauricio Gutierrez, the sole director of Merger Sub, became a director of the Company.
Departed

Garner Meads

Other Named Officer
Vivint Smart Home, Inc.
Effective
2023-03-10
Filed
March 10, 2023, 6:59 PM ET
David H. Bywater, Dana C. Russell and Garner Meads, who were officers of the Company, ceased to be officers of the Company.

Key facts

Extracted from this filing and checked against the source text.

Executive change SEC 8-K Item 5.02 confidence 1.0

Alberto Fornaro was appointed as Director at Vivint Smart Home, Inc..

Action
appointed
Role
Director
Exact text from the filing
Alberto Fornaro and Rasesh Patel were appointed directors of the Company effective as of the Effective Time.
View on SEC.gov
Executive change SEC 8-K Item 5.02 confidence 1.0

Dana C. Russell departed as other_named_officer at Vivint Smart Home, Inc..

Action
ceased
Exact text from the filing
David H. Bywater, Dana C. Russell and Garner Meads, who were officers of the Company, ceased to be officers of the Company.
View on SEC.gov
Executive change SEC 8-K Item 5.02 confidence 1.0

Christine Zoino was appointed as other_named_officer at Vivint Smart Home, Inc..

Action
appointed
Exact text from the filing
David Porter, Kevin L. Cole and Christine Zoino were appointed as officers of the Company.
View on SEC.gov
Executive change SEC 8-K Item 5.02 confidence 1.0

Rasesh Patel was appointed as Director at Vivint Smart Home, Inc..

Action
appointed
Role
Director
Exact text from the filing
Alberto Fornaro and Rasesh Patel were appointed directors of the Company effective as of the Effective Time.
View on SEC.gov
Executive change SEC 8-K Item 5.02 confidence 1.0

Kevin L. Cole was appointed as other_named_officer at Vivint Smart Home, Inc..

Action
appointed
Exact text from the filing
David Porter, Kevin L. Cole and Christine Zoino were appointed as officers of the Company.
View on SEC.gov
Executive change SEC 8-K Item 5.02 confidence 1.0

David H. Bywater departed as other_named_officer at Vivint Smart Home, Inc..

Action
ceased
Exact text from the filing
David H. Bywater, Dana C. Russell and Garner Meads, who were officers of the Company, ceased to be officers of the Company.
View on SEC.gov
Executive change SEC 8-K Item 5.02 confidence 1.0

David Porter was appointed as other_named_officer at Vivint Smart Home, Inc..

Action
appointed
Exact text from the filing
David Porter, Kevin L. Cole and Christine Zoino were appointed as officers of the Company.
View on SEC.gov
Executive change SEC 8-K Item 5.02 confidence 1.0

Mauricio Gutierrez was appointed as Director at Vivint Smart Home, Inc..

Action
became
Role
Director
Exact text from the filing
at the Effective Time, Mauricio Gutierrez, the sole director of Merger Sub, became a director of the Company.
View on SEC.gov
Executive change SEC 8-K Item 5.02 confidence 1.0

Garner Meads departed as other_named_officer at Vivint Smart Home, Inc..

Action
ceased
Exact text from the filing
David H. Bywater, Dana C. Russell and Garner Meads, who were officers of the Company, ceased to be officers of the Company.
View on SEC.gov
Governance Changes SEC 8-K Item 5.03/5.05/5.06 confidence 0.9

Vivint Smart Home, Inc.: Bylaws of Merger Sub became bylaws of surviving corporation, with name references replaced.

Change
bylaw amendment
Exact text from the filing
At the Effective Time, the bylaws of Merger Sub, as in effect immediately prior to the Effective Time, became the bylaws of the Company as the surviving corporation in the Merger (except that all references to the name of Merger Sub were replaced with references to the name of the Company)
View on SEC.gov
Governance Changes SEC 8-K Item 5.03/5.05/5.06 confidence 0.9

Vivint Smart Home, Inc.: Amended and restated certificate of incorporation at the effective time of the merger.

Change
charter amendment
Exact text from the filing
At the Effective Time, the certificate of incorporation of the Company, as in effect immediately prior to the Effective Time, was amended and restated to be the certificate of incorporation attached hereto as Exhibit 3.1
View on SEC.gov
M&A Transactions SEC 8-K Item 2.01/5.01 confidence 0.9

Vivint Smart Home, Inc. underwent a change of control involving NRG Energy, Inc. for $12.00 in cash per share of Class A common stock (closed 2023-03-10).

Action
change of control
Counterparty
NRG Energy, Inc.
Consideration
$12.00 in cash per share of Class A common stock
Closing
2023-03-10
Exact text from the filing
☐ Introductory Note As previously disclosed, on December 6, 2022, Vivint Smart Home, Inc., a Delaware corporation (the “ Company ”), entered into an Agreement and Plan of Merger (the “ Merger Agreement ”), by and among the Company, NRG Energy, Inc., a Delaware corporation (“ Parent ”), and Jetson Merger Sub, Inc., a Delaware corporation and a wholly owned subsidiary of Parent (“ Merger Sub ”), pursuant to which, on March 10, 2023 (the “ Closing Date ”), Merger Sub merged with and into the Company (the “ Merger ”).
View on SEC.gov

Browse all governance changes →

Source: SEC EDGAR
accession 0001193125-23-066979
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