EMPLOYMENT AGREEMENTEmployment Agreement • February 24th, 2023 • Vivint Smart Home, Inc. • Services-detective, guard & armored car services • Utah
EMPLOYMENT AGREEMENT (the “Agreement”) dated May 15, 2022 (the “Effective Date”) by and between Vivint Smart Home, Inc., a Delaware corporation (the “Company”) and Dana C. Russell (“Executive”).
SECOND SUPPLEMENTAL INDENTURESecond Supplemental Indenture • February 24th, 2023 • Vivint Smart Home, Inc. • Services-detective, guard & armored car services • New York
Second Supplemental Indenture (this “Supplemental Indenture”), dated as of May 13, 2020 among Vivint Amigo, Inc., a Delaware corporation and Vivint Warranty and Home Insurance, LLC, a Delaware limited liability company (the “Guaranteeing Subsidiaries”), each a subsidiary of APX Group, Inc., a Delaware corporation (the “Issuer”), and Wilmington Trust, National Association, a national banking association, as trustee (the “Trustee”).
December 6, 2022 Todd Santiago (“you” or “Executive”) RE: Side Letter Agreement Regarding Certain Terms of Employment Dear Todd:Side Letter Agreement • February 24th, 2023 • Vivint Smart Home, Inc. • Services-detective, guard & armored car services
As you are aware, Vivint Smart Home, Inc. (the “Company”) has entered into a merger agreement (the “Merger Agreement”) with NRG Energy, Inc. (“Parent”) and the other parties enumerated therein, dated as of the date hereof, pursuant to which the Company will be become a wholly owned subsidiary of Parent (the “Merger”).
December 28, 2022 Dana Russell RE: Acceleration of Payments Dear Dana:Acceleration of Payments Agreement • February 24th, 2023 • Vivint Smart Home, Inc. • Services-detective, guard & armored car services
As you are aware, Vivint Smart Home, Inc., (the “Company”) has entered into an Agreement and Plan of Merger dated December 6, 2022 (the “Merger Agreement”) with NRG Energy, Inc. (“Parent”) and the other parties enumerated therein, pursuant to which the Company will become a wholly owned subsidiary of Parent (the “Transaction”). Reference is made to your employment agreement with the Company, dated as of May 15, 2022 (the “Employment Agreement”) and your side letter agreement with Parent, dated as of December 6, 2022 (together, the “Employment Arrangements”). Terms used but not otherwise defined herein shall have the meaning ascribed to such term in the Employment Arrangement.
December 28, 2022 Daniel Garen RE: Acceleration of Payments Dear Daniel:Acceleration of Payments Agreement • February 24th, 2023 • Vivint Smart Home, Inc. • Services-detective, guard & armored car services
As you are aware, Vivint Smart Home, Inc., (the “Company”) has entered into an Agreement and Plan of Merger dated December 6, 2022 (the “Merger Agreement”) with NRG Energy, Inc. (“Parent”) and the other parties enumerated therein, pursuant to which the Company will become a wholly owned subsidiary of Parent (the “Transaction”). Reference is made to your employment agreement with the Company, dated as of June 20, 2022 (the “Employment Agreement”) and your side letter agreement with the Company and Parent, dated as of December 6, 2022 (together, the “Employment Arrangements”). Terms used but not otherwise defined herein shall have the meaning ascribed to such term in the Employment Arrangement.
AMENDMENT OF WARRANT AGREEMENTWarrant Agreement • February 24th, 2023 • Vivint Smart Home, Inc. • Services-detective, guard & armored car services • New York
THIS AMENDMENT OF WARRANT AGREEMENT (this “Agreement”), made as of September 8, 2022, is made by and among Vivint Smart Home, Inc. (f/k/a Mosaic Acquisition Corp.) a Delaware corporation (“Vivint”), Continental Stock Transfer & Trust Company, a New York corporation, as warrant agent (“Continental”), and American Stock Transfer & Trust Company, a New York limited liability company (“AST”).
December 28, 2022 Garner B. Meads, III RE: Acceleration of Payments Dear Garner:Acceleration of Payments Agreement • February 24th, 2023 • Vivint Smart Home, Inc. • Services-detective, guard & armored car services
As you are aware, Vivint Smart Home, Inc., (the “Company”) has entered into an Agreement and Plan of Merger dated December 6, 2022 (the “Merger Agreement”) with NRG Energy, Inc. (“Parent”) and the other parties enumerated therein, pursuant to which the Company will become a wholly owned subsidiary of Parent (the “Transaction”). Reference is made to your employment agreement with the Company, dated as of June 20, 2022 (the “Employment Agreement”) and your side letter agreement with Parent, dated as of December 6, 2022 (together, the “Employment Arrangements”). Terms used but not otherwise defined herein shall have the meaning ascribed to such term in the Employment Arrangement.
