UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 8-K

CURRENT REPORT

Pursuant to Section 13 or 15(d)

of the Securities Exchange Act of 1934

Date of Report (Date Earliest Event Reported): February 29, 2020

February 14, 2020

APX GROUP HOLDINGS, INC.

(Exact name of registrant as specified in its charter)

Delaware

333-191132-02

46-1304852

(State or Other Jurisdiction

of Incorporation)

(Commission

File Number)

(IRS Employer

Identification No.)

4931 North 300 West

Provo, Utah 84604

(Address of Principal Executive Offices) (Zip Code)

(801) 377-9111

(Registrant’s telephone number, including area code)

Not Applicable

(Former Name or Former Address, if Changed Since Last Report)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

☐ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) ☐ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) ☐ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) ☐ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e- 4(c))

☐ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

☐ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

☐ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e- 4(c))

Securities registered pursuant to Section 12(b) of the Act: None.

Title of each class

Trading

Symbol(s)

Name of each exchange

on which registered

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 12.0105 ~~Entry~~Costs ~~into~~Associated awith ~~Material~~Exit ~~Definitive~~or ~~Agreement.~~Disposal Activities

~~Refinancing~~On ~~Transactions~~February 29, 2020, the Board of Directors (the “Board”) of Vivint Smart Home, Inc. (the “Company”), the indirect parent of APX Group Holdings, Inc., approved a number of cost reduction initiatives that are expected to reduce certain General and Administrative, Customer Service and Sales Support costs. The Company expects to complete the majority of these cost reduction initiatives by the end of the fiscal quarter ending March 31, 2020. In addition to resulting in meaningful cost reductions, the Company’s initiatives are expected to streamline operations, focus engineering and innovation and provide a better focus on driving customer satisfaction.

~~Overview~~In connection with these cost reduction initiatives, the Company expects to incur approximately $17 to $21 million in pre-tax restructuring charges, consisting primarily of stock-based compensation expense and approximately $9 to $11 million in severance and termination benefits. Additional charges may be incurred in the future for facility-related or other restructuring activities as the Company continues to align resources to meet the needs of the business.

OnItem ~~February 14, 2020, APX Group, Inc~~5.02 ~~(the~~Departure ~~“Issuer”~~of Directors or ~~the~~Certain ~~“Borrower”),~~Officers; ~~the~~Election ~~direct, wholly owned subsidiary~~ of ~~APX~~Directors; ~~Group Holdings,~~Appointment ~~Inc. (the “Company”), issued $600.0 million aggregate principal amount~~ of ~~6.75%~~Certain ~~Senior~~Officers; ~~Secured~~Compensatory ~~Notes~~Arrangements ~~due 2027 (the “Notes”), pursuant to an indenture, dated as~~ of ~~February 14,~~Certain ~~2020 (the “Indenture”), among the Issuer, the guarantors party thereto (the “Guarantors”) and Wilmington Trust, National Association, as trustee (the “Trustee”) and collateral agent~~Officers.

~~Concurrently~~Appointment with the Notes offering, the Issuer amended and restated the credit agreements governing its existing revolving credit facility and existing term loan facility (the “Concurrent Refinancing Transactions”). In connection therewith, the Issuer, among other things, (i) extended the maturity date with respect to certain commitments under the revolving credit facility and increased the aggregate commitments in respect of ~~the~~Executive ~~revolving~~Officers ~~credit facility to $350.0 million and (ii) incurred $950.0 million aggregate principal amount of term loans.~~

~~The~~On Issuer used the net proceeds from the Notes offering and Concurrent Refinancing Transactions, together with the proceeds from the previously announced merger of Vivint Smart Home, Inc. (“Vivint”) with Mosaic Acquisition Corp. completed on JanuaryFebruary 1729, 2020, ~~to (i) redeem all of~~ the ~~Issuer’s~~Board ~~outstanding 8.750% Senior Notes due 2020 (the “2020 Notes Redemption”), (ii) redeem all~~ of ~~the~~Directors ~~Issuer’s outstanding 8.875% Senior Secured Notes due 2022~~ (the “~~2022 Private Placement Notes Redemption~~Board”), ~~(iii) refinance in full the existing borrowings under the Issuer’s existing term loan facility and revolving credit facility, (iv) redeem $223.0 million aggregate principal amount~~ of the ~~Issuer’s~~Company ~~outstanding~~appointed ~~7.875%~~Dale ~~Senior Secured Notes due 2022 (the “Existing 7~~R.~~875%~~ ~~Notes~~Gerard ~~Redemption” and,~~as ~~together~~Chief ~~with~~Financial ~~the 2020 Notes Redemption and the 2022 Private Placement Notes Redemption~~Officer, effective ~~the “Redemptions”) and (v)~~March ~~pay the related accrued interest~~2, ~~fees and expenses related thereto~~2020. The ~~Issuer~~Company ~~irrevocably~~also ~~deposited funds~~entered ~~with~~into ~~the~~an ~~applicable~~employment trustee and/or paying agent to effect the Redemptions and to satisfy and discharge all of the Issuer’s remaining obligations under the indenture governing the Issuer’s 8.750% Senior Notes due 2020 and the note purchase agreement ~~governing~~with ~~the Issuer’s 8~~Mr.~~875%~~ Gerard ~~Senior~~dated ~~Secured~~as ~~Notes~~of ~~due 2022. Vivint intends to use any remaining net proceeds for general corporate purposes~~March 2, ~~which may include repayment of additional indebtedness~~2020.

Mr. Gerard, 49, was appointed as our interim Chief Financial Officer in October 2019. Prior to this, he served as the Company’s Senior ~~Secured~~Vice ~~Notes~~President ~~due~~of ~~2027~~Finance and Treasurer from September 2014 to October 2019 and Vice President of Finance and Treasurer from January 2013 to September 2014. Previously, he served as the Company’s Treasurer from March 2010 to January 2013. Mr. Gerard holds a B.S. in Accounting and an MBA from Purdue University.

~~The~~There ~~following~~are isno aarrangements ~~brief~~or understandings between ~~description~~Mr. Gerard ofand ~~the~~any ~~terms~~other ofpersons ~~the~~pursuant ~~Notes~~to which he was elected to serve as an executive officer and there are no family relationships between Mr. Gerard and any director or executive officer of the ~~Indenture~~Company. ~~Capitalized~~Mr. Gerard ~~terms~~has ~~used~~no ~~herein,~~any direct ~~but~~or ~~not~~indirect ~~defined~~material ~~herein,~~interest ~~will~~in ~~have~~any ~~the~~transaction ~~meanings~~required ~~given~~to be disclosed pursuant to ~~them~~Item in404(a) ~~the~~of ~~Indenture~~Regulation S-K.

~~Interest~~Compensation onArrangements ~~the~~with ~~Notes~~Executive ~~will~~Officers be payable semi-annually in arrears on February 15 and August 15 of each year, commencing on August 15, 2020. Interest on the Notes will accrue from and including February 14, 2020. The Notes will mature on February 15, 2027, or on such earlier date as a result of the operation of certain springing maturity date provisions set forth in the Indenture.

~~Ranking~~Employment Agreements

~~The~~On ~~Notes~~March 2, 2020 the Company entered into employment agreements with each of Todd Pedersen, Chief Executive Officer of the Company, and Todd M. Santiago, who was promoted to Chief Revenue Officer of the Company, in each case, effective March 2, 2020, in order ~~guarantees~~to ~~thereof~~reflect ~~are~~the assignment of each of the ~~Issuer~~Amended and Restated Employment Agreement between Mr. Pedersen and APX dated as of March 4, 2019 (the “Pedersen Employment Agreement”) and the Employment Agreement between Mr. Santiago and APX, dated as of March 8, 2016 (the “Santiago Employment Agreement”) from APX to the Company. In addition, the Santiago Employment Agreement was updated to reflect Mr. Santiago’s current annual base salary of $655,636 and ~~the~~annual ~~Guarantors~~target bonus opportunity equal to sixty percent (60%) of Mr. Santiago’s ~~senior~~base ~~secured~~salary. ~~obligations~~Except as set forth above, the terms and ~~rank:~~conditions of the Pedersen Employment Agreement and Santiago Employment Agreement remain unchanged. For a summary of the material terms of each of the Pedersen Employment Agreement and the Santiago Employment Agreement, see “Narrative Disclosure to Summary Compensation Table and Grants of Plan-Based Awards—Employment Agreements” in Exhibit 99.2 to the Company’s Current Report on Form 8-K/A filed on January 27, 2020, which summaries are incorporated herein by reference..

•On ~~equally~~March 2, in2020, ~~right of payment with all of~~ the ~~Issuer’s~~Company ~~and~~entered ~~the~~into ~~Guarantors’~~an ~~existing~~employment ~~and~~agreement ~~future~~with ~~senior~~Mr. Gerard. ~~obligations~~The ~~(without~~principal ~~giving~~terms ~~effect~~of tosuch ~~security~~agreement ~~interests);~~are summarized ~~and~~below.

•The ~~senior~~employment inagreement ~~right~~with ofMr. Gerard ~~payment~~provides for a term ending on March 2, 2021, which extends automatically for additional one-year periods unless either party elects not to ~~any~~extend ofthe term. Under the ~~Issuer~~employment agreement, Mr. Gerard is eligible to receive a minimum base salary, and an annual bonus award with a target amount equal to a percentage of his base salary. Mr. Gerard’s current base salary is $655,636, and he is eligible to earn an annual bonus award with a target amount equal to 60% of his base salary at the ~~Guarantors’~~end ~~obligations~~of the ~~that~~performance ~~are~~period. ~~expressly~~If ~~subordinated~~the inemployment ~~right~~of Mr. Gerard terminates for any reason, Mr. Gerard is entitled to receive: (1) any base salary accrued through the date of ~~payment~~termination; (2) reimbursement of any unreimbursed business expenses properly incurred by the executive; and (3) such employee benefits, if any, as to which the ~~Notes~~executive may be entitled under the Company’s employee benefit plans (the payments and benefits described in (1) through (3) being “accrued rights”).

~~The~~If ~~Notes and~~ the ~~guarantees~~employment ~~thereof~~of ~~will~~Mr. Gerard beis ~~effectively~~terminated ~~senior~~by tothe ~~any~~Company ~~future~~without “cause” ~~indebtedness~~(as ofdefined ~~the~~below) ~~Issuer~~and ~~that~~other isthan ~~unsecured or secured~~ by ~~Liens~~reason onof ~~Collateral~~death ~~that~~or ~~are~~while ~~junior~~he tois ~~the~~disabled ~~Liens~~(any ~~securing~~such ~~the Notes~~termination, ina ~~each~~“qualifying ~~case~~termination”), toMr. Gerard ~~the~~is ~~extent~~entitled ofto the ~~value~~accrued ofrights ~~the~~and, ~~Collateral~~conditioned ~~(after~~upon ~~giving~~execution ~~effect~~and tonon-revocation ~~Liens~~of ~~securing~~a ~~the~~release ~~Priority~~and ~~Payment Lien~~waiver ~~Obligations~~of ~~and~~claims ~~any~~in ~~other~~favor ~~Lien~~of on the ~~Collateral).~~Company ~~The Notes~~ and ~~the~~its ~~guarantees~~affiliates, ~~thereof~~and ~~will~~continued becompliance ~~structurally~~with ~~subordinated~~the tonon-compete, non-solicitation, ~~all~~non-disparagement, ~~existing~~ and ~~future~~confidentiality ~~liabilities~~provisions ~~(including~~set ~~trade~~forth ~~payables)~~in of the ~~Issuer’s~~employment ~~subsidiaries~~agreements: ~~that do not guarantee the Notes.~~

1• a pro rata portion of his target annual bonus based upon the portion of the fiscal year during which Mr. Gerard was employed (the “pro rata bonus”);

~~Guarantees~~• ~~and~~a ~~Collateral~~lump-sum cash payment equal to 150% of Mr. Gerard’s then-current base salary plus 150% of the actual bonus Mr. Gerard received in respect of the immediately preceding fiscal year (or, if a termination of employment occurs prior to any annual bonus becoming payable under his employment agreement, the target bonus for the immediately preceding fiscal year); and

~~The~~• ~~Notes are fully and unconditionally guaranteed, jointly and severally, on~~ a ~~senior~~lump-sum ~~secured~~cash ~~basis,~~payment byequal to the ~~Company,~~cost ~~and each~~ of the ~~Issuer’s~~health ~~existing restricted~~and ~~subsidiaries~~welfare ~~that~~benefits ~~guarantee~~for ~~indebtedness~~Mr. ~~under~~Gerard ~~the~~and ~~Issuer’s~~his ~~revolving credit facility~~dependents, ~~term~~at ~~loan facility and~~ the ~~Issuer’s~~levels ~~existing~~at ~~senior~~which ~~secured~~the ~~notes~~executive ~~and~~received ~~senior~~benefits ~~unsecured~~on ~~notes.~~the ~~The~~date ~~Issuer’s~~of ~~existing~~termination, ~~and~~for ~~future~~18 ~~foreign subsidiaries~~months ~~are not expected to guarantee~~ (the ~~Notes.~~“COBRA ~~These guarantees are subject to release under specified circumstances~~payment”).

~~The~~For ~~Notes~~purposes ~~are~~of ~~secured,~~Mr. Gerard’s onemployment ~~a pari passu basis~~agreement, by the ~~collateral~~term ~~securing~~“cause” ~~obligations~~means ~~under~~ the ~~Issuer~~executive’s ~~existing~~continued ~~senior~~failure ~~secured~~to substantially ~~notes,~~perform ~~the~~his ~~revolving~~employment ~~credit~~duties ~~facility~~for ~~and~~a ~~term~~period ~~loan~~of ~~facility,~~10 indays ~~each~~following ~~case,~~written ~~subject~~notice tofrom ~~certain~~the ~~exceptions~~Company; ~~and~~any ~~permitted~~dishonesty ~~liens.~~in ~~Under~~ the ~~terms~~performance of ~~the~~ ~~security documents and~~ the ~~intercreditor~~executive’s ~~agreement,~~employment ~~the~~duties ~~proceeds~~that ofis ~~any~~materially ~~collection,~~injurious ~~sale,~~to ~~disposition~~the orCompany; ~~other~~act(s) ~~realization~~on ~~of collateral received in connection with~~ the executive’s ~~exercise~~part ofconstituting ~~remedies~~either ~~(including~~a ~~distributions~~felony ~~of cash, securities~~ or ~~other property~~a onmisdemeanor ~~account~~involving ofmoral turpitude; the ~~value~~executive’s ofwillful ~~the~~malfeasance ~~collateral~~or misconduct in aconnection ~~bankruptcy,~~with ~~insolvency,~~his ~~reorganization~~employment orduties ~~similar~~that ~~proceedings)~~causes ~~will~~substantial beinjury ~~applied first~~ to ~~repay~~us; ~~“superpriority”~~or ~~obligations,~~the executive’s ~~including~~material ~~borrowings~~breach ~~under~~of the ~~Issuer’s~~restrictive ~~revolving credit~~covenants ~~facility,~~set ~~and~~forth ~~any~~in ~~additional~~the ~~“superpriority”~~employment ~~borrowings~~agreements. ~~that~~Each of the ~~Issuer~~foregoing events is ~~permitted~~subject to ~~incur~~specified innotice ~~the~~and ~~future~~cure periods.

~~Optional~~In ~~Redemption~~the event of Mr. Gerard’s termination of employment due to death or disability, he will only be entitled to the accrued rights, the pro rata bonus payment, and the COBRA payment.

The Issuer may, at its option, redeem at any time and from time to time prior to February 15, 2023, some or all of the Notes at 100% of the principal amount thereof plus accrued and unpaid interest to the redemption date plus the applicable “make-whole premiumMr.~~” From and after February~~ ~~15,~~Gerard ~~2023,~~is ~~the~~also ~~Issuer~~entitled ~~may, at its option, redeem at any time and from time~~ to ~~time~~participate ~~some or~~in all ofemployee ~~the~~benefit ~~Notes at the applicable redemption prices listed in the Indenture. In addition~~plans, programs onand orarrangements ~~prior~~made toavailable ~~February 15, 2023, the Issuer may, at its option, redeem up~~ to ~~40%~~other ofexecutive ~~the~~officers ~~Notes issued under the Indenture (including any additional Notes issued thereunder) with the proceeds from certain equity offerings at the redemption price listed in the Indenture~~generally.

AtMr. Gerard’s ~~any~~employment ~~time~~agreement ~~and~~also ~~from time to~~contains ~~time~~restrictive ~~prior to February 15~~covenants, ~~2023,~~including ~~the~~an ~~Issuer~~indefinite ~~may~~covenant aton ~~its~~confidentiality ~~option~~of ~~redeem~~information, ~~during~~and ~~each 12-month period~~covenants ~~commencing~~related ~~with the issue date up~~ to ~~10%~~non-competition ofand ~~the~~non-solicitation ~~aggregate principal amount~~ of the ~~Notes issued~~ ~~under~~Company’s ~~the~~employees ~~Indenture~~and ~~(including~~customers ~~any~~and ~~additional~~affiliates ~~Notes issued thereunder),~~ at aall ~~redemption~~times ~~price~~during ~~equal~~employment, toand ~~103%~~for of18 ~~the~~months ~~aggregate~~after ~~principal~~any ~~amount~~termination of ~~the Notes redeemed, plus accrued and unpaid interest, to the redemption date~~employment.

~~Change~~Equity Modification ~~of Control Offer~~

~~Upon~~As previously announced, pursuant to the ~~occurrence~~terms of that certain Agreement and Plan of Merger, dated September 15, ~~specific~~2019, ~~kinds~~by and among the Company, Maiden Merger Sub, Inc. and Legacy Vivint Smart Home, Inc. (“Legacy Vivint Smart Home”), as amended by Amendment No. 1 to the Agreement and Plan of ~~change~~Merger, dated as of ~~control~~December 18, if2019 (the “Amendment” ~~Issuer~~and ~~does~~as ~~not~~amended, ~~redeem~~ the ~~Notes~~“Merger Agreement”), Maiden Merger Sub, Inc. merged with and into Legacy Vivint Smart Home on January 17, 2020 (the ~~holders~~“Merger”). The Company previously modified the vesting schedule with respect to certain incentive equity outstanding as of immediately prior to the ~~Notes~~Merger. ~~will~~On ~~have~~February 29, 2020, the ~~right~~Board toapproved ~~require~~a further modification (the ~~Issuer~~“Modification”) of the vesting terms of Company restricted Class A common stock and stock appreciation rights awards granted to ~~repurchase~~certain ~~some~~officers orand ~~all~~employees of the ~~holders’~~Company ~~Notes~~and atits ~~101%~~subsidiaries, ofincluding ~~their~~Messrs. ~~principal~~Gerard, ~~amount~~Eyring and Santiago, ~~plus~~that ~~accrued~~was outstanding as of the Merger and ~~unpaid~~ ~~interest~~as toof February 29, 2020 (the ~~repurchase~~“Outstanding ~~date~~Equity”).

~~Covenants~~Prior to the Modification, the Outstanding Equity would vest, subject to the holders’ continued employment on the applicable vesting date (or event):

~~The~~• ~~Indenture~~with ~~contains~~respect ~~covenants~~to ~~that,~~a ~~among~~portion ~~other~~of ~~things~~the Outstanding Equity, ~~limit~~over ~~the~~time ~~Issuer’s~~(or ~~ability~~subject ~~and~~to the ~~ability~~achievement of ~~certain~~any ofprevious ~~the~~performance ~~Issuer’s~~criteria, ~~subsidiaries~~if ~~to:~~ any); and

• ~~incur~~with orrespect ~~guarantee~~to ~~additional~~a ~~debt~~portion of the Outstanding Equity, (i) in equal 25% annual installments on each of the first four anniversaries of the closing date of the Merger or ~~issue~~(ii) ~~disqualified~~if ~~stock~~earlier, in full upon either (x) a change of control or ~~preferred~~(y) ~~stock;~~The Blackstone Group Inc. (“Blackstone”) receiving cash proceeds in respect of its Class A Units of 313 equal to 2.0x Blackstone’s cumulative invested capital in respect of the Class A Units of 313 at such time.

•The ~~pay~~Modification ~~dividends~~provides that in addition to the previous vesting terms and ~~make~~conditions, subject ~~other~~to ~~distributions~~the continued employment of the holder of the Outstanding Equity, on January 17, or2021, ~~redeem~~all orthen-outstanding ~~repurchase,~~and ~~capital~~unvested ~~stock;~~Outstanding Equity shall become vested.

•Except ~~make~~as ~~certain~~set ~~investments;~~forth above, the terms and conditions of the Outstanding Equity remain unchanged.

•Equity ~~incur~~Awards ~~certain liens;~~

•On ~~enter~~February 29, ~~into~~2020, the ~~transactions~~Company approved grants under the Vivint Smart Home, Inc. 2020 Omnibus Incentive Plan (the “Plan”) of time-vesting restricted stock units (the “RSUs”) and performance-vesting restricted stock units (the “PSUs”) (each representing the right to receive one share of Class A common stock upon the settlement of each restricted stock unit) to each of Messrs. Pedersen, Gerard and Santiago under the Company’s 2020 Omnibus Incentive Plan, effective as of, and subject to such individual’s continued employment with ~~affiliates;~~the Company or its subsidiaries on, the date that the Company has executed and filed an effective registration statement on Form S-8 with the Securities and Exchange Commission in order to register the offer and sale of shares of Class A common stock pursuant to the Plan (such date, the “grant date”). Mr. Pedersen is eligible to be granted 585,366 RSUs and 585,366 PSUs on the grant date, Mr. Gerard is eligible to be granted 342,439 RSUs and 184,390 PSUs on the grant date and Mr. Santiago is eligible to be granted 396,341 RSUs and 213,415 PSUs on the grant date.

•The ~~merge~~RSUs orgranted ~~consolidate;~~to each of the executives will vest, subject to continued employment on each applicable vesting date, with respect to 25% of the restricted stock units on each of the first four anniversaries of January 17, 2020.

•The ~~enter~~PSUs ~~into~~have ~~agreements~~a ~~that~~one-year ~~restrict~~performance period beginning on January 1, 2020 and ending on December 31, 2020 and vest based upon the ~~ability~~Company’s achievement of specified performance goals through fiscal year end 2020 and the passage of time. The PSUs performance goals are based on the Company’s Adjusted EBITDA, Net Cash and Total Subscribers performance. The total number of restricted ~~subsidiaries~~stock units subject to ~~make~~the ~~dividends~~PSU awards eligible to vest will be based on the level of achievement of the performance goals and ranges from 0% (if below threshold performance) up to 100% (for target or ~~other~~above ~~payments~~target performance). Fifty percent (50%) of such PSUs eligible to vest will vest on the ~~Issuer;~~date the compensation committee of the Board (the “committee”) certifies in writing the achievement of the performance metrics (the “determination date”) and the remaining 50% of such PSUs will vest on the first anniversary of the determination date, in each case, subject to continued employment on the applicable vesting date.

•For ~~designate~~purposes ~~restricted~~of ~~subsidiaries~~the asPSU ~~unrestricted~~awards: ~~subsidiaries; and~~

2Adjusted EBITDA shall mean, with respect to fiscal year 2020, the Adjusted EBITDA which is publicly disclosed in (or otherwise calculated in a manner consistent with) the Company’s earnings release for fiscal year 2020 or as otherwise determined by the Audit Committee of the Board;

•Net ~~transfer~~Cash shall mean, with respect to fiscal year 2020, the amount of net cash provided by or ~~sell~~used ~~assets.~~in financing activities for fiscal year 2020, excluding any equity proceeds, taxes paid related to vesting of equity awards, return of capital or re-financing fees, or as otherwise determined by the Audit Committee of the Board; and

~~These~~Total ~~covenants~~Subscribers ~~are~~shall ~~subject~~mean, with respect to afiscal year 2020, the aggregate number of ~~important~~active ~~limitations~~smart home and ~~exceptions~~security subscribers at the end of fiscal year 2020, which is publicly disclosed in (or otherwise calculated in a manner consistent with) the Company’s earnings release for fiscal year 2020 or as otherwise determined by the Audit Committee of the Board.

~~Events~~Departure of ~~Default~~Executive Officers

On March 3, 2020, the Company announced that Alex J. Dunn stepped down from his position as President of the Company, effective March 2, 2020. The ~~Indenture~~Company also ~~provides~~announced ~~for events~~the departure of ~~default~~Matthew ~~which,~~J. ifEyring ~~any~~from his position as Executive Vice President and General Manager of ~~them~~Inside ~~occur~~Sales of the Company to pursue other opportunities, ~~would~~effective ~~permit~~March or13, ~~require~~2020. In connection with the departures, ~~principal~~the Company entered into a separation agreement with Mr. Dunn, dated as of March 2, 2020, and ~~premium~~expects to enter into a separation agreement with Mr. Eyring. In connection with his departure, ifMr. Dunn ~~any~~also resigned as a director and officer of the Company, effective as of March 2, 2020, and ~~interest~~from onall positions as an employee of the ~~Notes~~Company, toeffective ~~become~~as orof toMarch be13, ~~declared~~2020, ~~due~~as ~~and~~set ~~payable~~forth ~~immediately~~in his separation agreement.

~~The~~Separation ~~foregoing~~Agreements ~~description of the Indenture is included to provide you~~ with aDeparting ~~summary~~Executive ofOfficers its key terms. It does not purport to be a complete description and is qualified in its entirety by reference to the full text of the Indenture, which is filed as Exhibit 10.1 hereto and is incorporated herein by reference.

~~Amended~~The Company and ~~Restated~~Mr. Dunn ~~Credit~~entered into a Separation Agreement (the “Dunn Separation Agreement”), effective March 2, 2020, and Mr. Dunn is expected to enter into a Release and Waiver of Claims in favor of the Company (the “Dunn Release”) in connection therewith. Pursuant to the Dunn Separation Agreement, Mr. Dunn is entitled to:

~~On February 14,~~• ~~2020~~subject (to execution and non-revocation of the ~~“Closing~~Dunn ~~Date”)~~Release and, ~~the~~in ~~Borrower~~respect ~~entered~~of ~~into~~items an(ii)-(iv) ~~Amended~~listed ~~and~~below, ~~Restated~~continued ~~Credit~~compliance ~~Agreement~~with (the ~~“Term~~Dunn ~~Loan~~Restrictive ~~Agreement”)~~Covenants ~~among~~(as ~~the~~defined ~~Borrower~~below), the ~~Company,~~following ~~each~~payments ~~lender~~and ~~from~~benefits ~~time~~to which Mr. Dunn is entitled pursuant to ~~time~~the ~~party thereto~~Amended and ~~Bank~~Restated Employment Agreement, dated as of ~~America~~March 4, N2019, by and between Mr.A Dunn and APX Group, Inc. (“APX”), asan ~~administrative~~indirect ~~agent.~~subsidiary ~~The~~of ~~Term~~the ~~Loan~~Company ~~Agreement~~(the ~~provides~~“Dunn ~~for~~Employment ~~total~~Agreement”), ~~term~~in ~~loan~~connection ~~commitments~~with ofa ~~$950.0 million.~~termination without “Cause”:

~~The Term~~• ~~Loan~~(i) ~~Agreement~~a ~~amended~~lump ~~and~~sum ~~restated~~cash ~~the~~severance ~~Borrower’s~~payment ~~existing~~equal ~~credit agreement governing its term loan facility~~ to $143,845.86, ~~among~~in ~~other~~respect ~~things,~~of ~~(1) provide~~a ~~for~~pro ~~aggregate~~rata ~~principal~~portion ~~amount~~ of ~~$950~~Mr.~~0 million~~ ofDunn’s ~~term~~annual ~~loans~~target ~~and~~bonus ~~(2) reflect certain~~in ~~changes~~respect toof ~~incremental capacity~~2020, ~~covenants~~payable ~~and~~within ~~other~~10 ~~terms~~days asof ~~set~~Mr. ~~forth~~Dunn’s indeparture ~~the Term Loan Agreement.~~ date;

~~Interest~~• ~~Rate~~(ii) a lump sum cash payment equal to $2,042,399.64, which is equal to 200% of Mr. Dunn’s base salary, payable within 55 days after Mr. Dunn’s departure date;

~~Borrowings~~• ~~under~~(iii) ~~the Term Loan Agreement bear interest at~~ a ~~rate~~lump ~~per~~sum ~~annum~~cash payment equal to ~~an applicable margin plus~~$1, ~~at the Borrower’s option~~456,822, ~~either~~which ~~(1) a base~~is ~~rate~~equal ~~determined by reference~~ to ~~the highest of (a) the federal funds rate plus 0.50~~200%, ~~(b) the prime rate~~ of ~~Bank of America, N~~Mr.A. ~~and~~Dunn’s ~~(c) the~~annual ~~LIBO~~bonus ~~rate determined by reference to the costs of funds~~ for ~~U.S. dollar deposits for an interest period of one month~~2019, ~~plus~~payable ~~1.00%~~within or55 ~~(2) the~~days ~~LIBO~~after ~~rate determined by reference to the London interbank offered rate for dollars for the applicable interest period length as elected by the Borrower~~Mr. ~~The~~Dunn’s ~~applicable~~departure ~~margin~~date; ~~for base rate borrowings is 4.0% per annum~~ and ~~the applicable margin for LIBO rate borrowings is 5.0% per annum.~~

~~Amortization~~(iv) a lump sum cash payment equal to $31,838.00, which is equal to the monthly COBRA costs for providing health and ~~Final~~welfare ~~Maturity~~benefits for Mr. Dunn and his dependents for 24 months, payable within 55 days after Mr. Dunn’s departure date.

~~The~~In ~~Borrower~~addition, issubject ~~required~~ to ~~make~~(i) Mr. Dunn’s ~~quarterly~~continued ~~amortization~~compliance ~~payments~~with ~~under~~the Dunn Restrictive Covenants and (ii) execution and non-revocation of the ~~Term~~Dunn ~~Loan~~Release, ~~Agreement~~(A) inthe Company shall pay an amount equal to 0$168,265.~~25%~~00, on behalf of ~~the~~Mr. ~~aggregate~~Dunn, ~~principal~~in ~~amount~~respect of the amount required to buy out Mr. Dunn’s leased Company automobile; Mr. Dunn ~~term~~shall ~~loans~~be ~~outstanding~~permitted onto retain such automobile and (B) 313 Acquisition LLC (“313”) shall cause each of the ~~Closing~~unvested ~~Date~~tracking units in 313 held by an affiliate of Mr. Dunn ~~The~~to ~~remaining~~become ~~principal~~vested ~~amount~~as ~~outstanding~~of ~~under~~the effective date of the ~~term~~Dunn ~~loan~~Release (such ~~facility~~tracking ~~will~~units, bethe ~~due~~“Accelerated ~~and~~Units”); ~~payable~~provided, inhowever ~~full~~that onif (x) ifMr. Dunn voluntarily terminates the ~~Springing~~advisory ~~Maturity~~arrangement ~~Condition~~described ~~does~~below ~~not~~or ~~apply,~~the ~~December 31,~~Company ~~2025~~terminates ~~and~~such advisory arrangement for “cause” or Mr. Dunn fails to perform the advisory services as requested by the Company) or (y) ifMr. Dunn breaches the ~~Springing~~Dunn ~~Maturity~~Restrictive ~~Condition~~Covenants, ~~does~~the ~~apply,~~affiliate of Mr. Dunn will forfeit all rights with respect to the ~~2023~~Accelerated ~~Springing~~Units (including ~~Maturity~~any ~~Date~~property distributed in respect of such Accelerated Units). The ~~“Springing~~Dunn ~~Maturity~~Separation ~~Condition”~~Agreement ~~applies~~provides ifthat, notwithstanding anything to the contrary set forth in the Second Amended and Restated Limited Liability Company Agreement of 313 LLCA (as amended, the “313 LLCA”), (i) on or following January 17, 2021, the ~~2023~~affiliate ~~Springing~~of ~~Maturity~~Mr. Dunn ~~Date~~will be able to request, anin ~~aggregate~~writing, ~~principal~~a ~~amount~~redemption of ~~the~~a ~~Borrower~~number of tracking units in respect of 313’s interests in the ~~7.625%~~Class A ~~Senior~~Common ~~Unsecured~~Stock ~~Notes~~of ~~Due~~the ~~2023~~Company (the “~~2023~~Company ~~Notes~~Units”) and a number of tracking units in ~~excess~~respect of ~~$125~~313’s interests in the common stock of Vivint Solar, Inc.0 (the “VSLR Units”) equal to (x) up to 50% of the total number of Company Units and VSLR Units held by the affiliate of Mr. ~~million~~Dunn ~~are~~as ~~either~~of ~~outstanding~~the ordate ~~have~~of ~~not~~his ~~been~~departure ~~repaid~~minus or(y) the number of Company Units and VSLR Units previously redeemed ~~with~~by ~~certain~~313 ~~qualifying~~and ~~proceeds~~(ii) on ~~specified~~or infollowing January 17, 2022, the ~~Term~~affiliate ~~Loan~~of ~~Agreement~~Mr. Dunn ~~The “2023~~may ~~Springing~~request, ~~Maturity~~in ~~Date”~~writing, ~~means~~a ~~the~~redemption ~~date~~of ~~that~~any isCompany 91Units ~~days~~or ~~before~~VSLR Units then held by such affiliate, in each case in accordance with the ~~maturity~~terms ~~date~~set forth in the 313 LLCA and upon such request, 313 shall promptly redeem such Company Units and/or VSLR Units in accordance with ~~respect~~the toterms of the ~~2023~~313 ~~Notes~~LLCA.

~~Guarantees~~The Dunn Separation Agreement also contains an agreement by Mr. Dunn that he will remain subject to any restrictive covenants between Mr. Dunn and ~~Collateral~~the Company or any of its subsidiaries or affiliates including those set forth in the Dunn Employment Agreement and the Management Subscription Agreement (Incentive Units), dated as of November 16, 2012 between Mr. Dunn and 313 (collectively, the “Dunn Restrictive Covenants”). The Dunn Restrictive Covenants consists of 24-month post-departure (the “restricted period”) non-compete, non-solicitation and non-disparagement provisions and an indefinite confidentiality provision. Mr. Dunn has agreed that the restricted period shall continue for length of the advisory period discussed below and for 24 months thereafter.

~~Obligations~~Pursuant ~~under~~to the ~~Term~~Dunn ~~Loan~~Separation Agreement, ~~are~~Mr. Dunn ~~unconditionally~~also ~~guaranteed~~agreed byto ~~the~~become ~~Company~~an ~~and~~independent ~~each~~advisor ofto the ~~Borrower’s~~Company ~~existing~~ and ~~future~~its ~~U.S. wholly-owned restricted~~ subsidiaries ~~(with~~and ~~certain~~affiliates ~~exceptions~~ for ~~immaterial subsidiaries) and are secured by~~ a ~~perfected security interest in substantially all of the assets of the Borrower and the guarantors, in each case, now~~ ~~owned~~period ~~or later acquired, including a pledge~~ of ~~all~~12 ofmonths ~~the~~following ~~Borrower’s~~his ~~capital~~departure ~~stock~~date, ~~the~~unless ~~capital~~terminated ~~stock of substantially all of the Borrower’s U.S. wholly-owned restricted subsidiaries and 65% of the capital stock of certain of the Borrower’s foreign restricted subsidiaries~~earlier, ~~subject~~for inno ~~each case to the exclusion of certain assets and~~ additional ~~exceptions~~consideration.

3The Company expects to enter into a separation agreement with Mr. Eyring. Provided that Mr. Eyring executes (and does not revoke) a general release of claims in favor of the Company, and in respect of items (ii)-(iv) listed below, continues to comply with the Eyring Restrictive Covenants (as defined below), the Company expects to make the following payments and benefits to which Mr. Eyring is entitled pursuant to the Employment Agreement, dated as of March 8, 2016, by and between Mr. Eyring and APX (the “Eyring Employment Agreement”), in connection with a termination without “Cause”:

~~Ranking~~• (i) a lump sum cash severance payment equal to $78,461.36, in respect of a pro rata portion of Mr. Eyring’s annual target bonus in respect of 2020, payable within 10 days of Mr. Eyring’s departure date;

~~The~~• ~~collateral~~(ii) ~~securing~~a ~~the~~lump ~~obligations~~sum ~~under~~cash ~~the~~payment ~~Term~~equal ~~Loan~~to ~~Agreement~~$983, ~~together with the Borrower’s outstanding indebtedness under the revolving credit facility~~454.00, ~~its~~which ~~secured~~is ~~notes~~equal ~~and~~to ~~certain~~150% ~~other~~of ~~future~~Mr. ~~indebtedness and obligations permitted under the indentures governing the Borrower~~Eyring’s ~~outstanding~~base ~~notes~~salary, ~~the~~payable ~~Term~~within ~~Loan~~55 ~~Agreement~~days ~~and~~after ~~the revolving credit facility, are subject to first priority liens securing such indebtedness~~Mr. ~~However, under the terms of an existing intercreditor agreement, borrowings under the revolving credit facility will effectively rank ahead of the Borrower~~Eyring’s ~~outstanding~~departure ~~secured notes and the term loans under the Term Loan Agreement.~~ date;

~~Certain~~• ~~Covenants~~(iii) ~~and~~a ~~Events~~lump sum cash payment equal to $590,072.40, which is equal to 150% of ~~Default~~Mr. Eyring’s annual target bonus for 2019, payable within 55 days after Mr. Eyring’s departure date; and

~~The~~• ~~Term~~(iv) ~~Loan~~a ~~Agreement~~lump ~~includes~~sum ~~negative~~cash ~~covenants~~payment ~~that~~equal ~~will~~to $26,452.00, ~~among~~which ~~other~~is ~~things~~equal ~~and~~to ~~subject~~the tomonthly ~~certain~~COBRA ~~significant~~costs ~~exceptions,~~for ~~limit~~providing ~~the~~health ~~ability~~and ofwelfare ~~the Borrower~~benefits for Mr. Eyring and ~~its~~his ~~restricted~~dependents ~~subsidiaries~~for ~~to:~~18 months, payable within 55 days after Mr. Eyring’s departure date.

•Further, ~~incur~~in ~~indebtedness~~connection orwith ~~guarantees;~~the entry into a separation agreement with Mr. Eyring and provided that he executes (and does not revoke) a general release of claims in favor of the Company and continues to comply with Eyring Restrictive Covenants, the Company expects to provide Mr. Eyring with the following additional payments and benefits:

• ~~incur~~fifty ~~liens~~percent (50%) of the 237,374 shares of restricted Class A common stock of the Company Mr. Eyring currently holds (including the 25,674 shares of restricted Class A Common Stock of the Company Mr. Eyring received in respect of the Company’s achievement of a portion of the earnout related to the Merger), rounded down to the nearest share, shall vest as of the effective date of such release of claims, subject to forfeiture if Mr. Eyring breaches any of the Eyring Restrictive Covenants (and all other unvested equity held by Mr. Eyring shall be forfeited for no consideration as of the departure date); and

• ~~make~~An ~~investments~~amount equal to $118,998.30 ~~loans~~to ~~and~~be ~~acquisitions~~paid by the Company, on behalf of Mr. Eyring, in respect of the amount required to buy out Mr. Eyring’s Company-leased automobiles; Mr. Eyring shall be permitted to retain such automobiles.

•In ~~consolidate~~order to receive the payments and benefits provided above, the Company will require Mr. Eyring to agree that he will remain subject to any restrictive covenants between Mr. Eyring and the Company or ~~merge;~~any of its subsidiaries or affiliates including those set forth in the Eyring Employment Agreement and the Management Subscription Agreement (Incentive Units), dated as of July 12, 2013 between Mr. Eyring and 313 (the “Eyring Restrictive Covenants”). The Eyring Restrictive Covenants consists of 18-month post-departure non-compete, non-solicitation and non-disparagement provisions and an indefinite confidentiality provision.

• sell assets, including capital stock of its subsidiaries;

• pay dividends on its capital stock or redeem, repurchase or retire its capital stock;

• alter the business it conducts;

• amend, prepay, redeem or purchase subordinated debt;

• engage in transactions with its affiliates; and

• enter into agreements limiting subsidiary dividends and distributions.

The Term Loan Agreement also contains certain customary representations and warranties, affirmative covenants and events of default (including, among others, an event of default upon a change of control). If an event of default occurs, the lenders under the term loan facility will be entitled to take various actions, including the acceleration of amounts due under the term loan facility and all actions customarily permitted to be taken by a secured creditor.

The foregoing description does not purport to be complete and is qualified in its entirety by reference to the full text of the Term Loan Agreement, which is filed as Exhibit 10.2 hereto and is incorporated herein by reference.

Fourth Amended and Restated Credit Agreement

On February 14, 2020, the Borrower entered into an Fourth Amended and Restated Credit Agreement (the “Revolving Credit Agreement”) among the Borrower, the Company, each lender from time to time party thereto and Bank of America, N.A., as administrative agent, which governs the Borrower’s revolving credit facility.

The Revolving Credit Agreement amends the Borrower’s existing revolving credit facility to, among other things, extend the maturity date of certain commitments and increase the aggregate commitments thereunder (the “Extended Revolving Credit Facility”). The Extended Revolving Credit Facility provides for substantially the same terms, including with respect to guarantees therein, as the existing revolving credit facility, except that the Revolving Credit Agreement will (1) provide for aggregate commitments of $350.0 million, (2) provide for an amended financial maintenance covenant to be tested on terms to be provided in the definitive documentation in respect of the Extended Revolving Credit Facility and (3) reflect certain changes to incremental capacity, covenants and other terms as set forth in the Revolving Credit Agreement. Further, the Revolving Credit Agreement provides that the $10.9 million of Series A Revolving Credit Commitments and $8.3 million of Series B Revolving Credit Commitments will mature on

March 31, 2021 and the $330.8 million of Series C Revolving Credit Commitments will mature on February 14, 2025 or earlier, if the Revolver Springing Maturity Condition applies. The “Revolver Springing Maturity Condition” applies if (i) on the 2022 Springing Maturity Date, an aggregate principal amount of the Borrower’s 7.875% Senior Secured Notes Due 2022 (the “2022 Notes”) in excess of $350.0 million are either outstanding or have not been repaid or redeemed with certain qualifying proceeds specified in the Revolving Credit Agreement, (ii) on the 2023 Springing Maturity Date, an aggregate principal amount of the 2023 Notes in excess of $125.0 million are either outstanding or have not been repaid or redeemed with certain qualifying proceeds specified in the Revolving Credit Agreement or (iii) on the 2024 Springing Maturity Date, an aggregate principal amount of the Borrower’s 8.500% Senior Secured Notes Due 2024 (the “2024 Notes”) in excess of $125.0 million are either outstanding or have not been repaid or redeemed with certain qualifying proceeds specified in the Revolving Credit Agreement. The “2022 Springing Maturity Date” means the date that is 91 days before the maturity date with respect to the 2022 Notes, the “2023 Springing Maturity Date” means the date that is 91 days before the maturity date with respect to the 2023 Notes and the “2024 Springing Maturity Date” means the date that is 91 days before the maturity date with respect to the 2024 Notes.

Interest Rate and Fees

Borrowings under the Revolving Credit Agreement bear interest at a rate per annum equal to an applicable margin plus, at the Borrower’s option, either (1) the base rate determined by reference to the highest of (a) the Federal Funds rate plus 0.50%, (b) the prime rate of Bank of America, N.A. and (c) the LIBOR rate determined by reference to the costs of funds for U.S. dollar deposits for an interest period of one month, plus 1.00% (but in no event less than 0%) or (2) the LIBOR rate determined by reference to the London interbank offered rate for dollars for the interest period relevant to such borrowing (but in no event less than 0%).

The applicable margin for base rate borrowings (a) under the Series A Revolving Credit Commitments of approximately $10.9 million and Series C Revolving Credit Commitments of approximately $330.8 million is currently 2.0% per annum and (b) under the Series B Revolving Credit Commitments of approximately $8.3 million is currently 3.0% and the applicable margin for LIBOR borrowings (a) under the Series A Revolving Credit Commitments and Series C Revolving Credit Commitments is currently 3.0% per annum and (b) under the Series B Revolving Credit Commitments is currently 4.0%. The applicable margin is subject to one step-down of 25 basis points based on the Borrower meeting a consolidated first lien net leverage ratio test at the end of each fiscal quarter.

In addition to paying interest on outstanding principal under the revolving credit facility, the Borrower is required to pay a quarterly commitment fee (which will be subject to one step-down of 12.5 basis points based on our meeting a consolidated first lien net leverage ratio) to the lenders under the Revolving Credit Agreement in respect of the unutilized commitments thereunder. The Borrower also pays customary letter of credit and agency fees.

Amortization and Final Maturity

The Borrower is not required to make any scheduled amortization payments under the revolving credit facility. The principal amount outstanding under the revolving credit facility will be due and payable in full on the applicable maturity date as described above.

Guarantees and Security

Obligations under the Revolving Credit Agreement are unconditionally guaranteed by the Company and each of the Borrower’s existing and future U.S. wholly-owned restricted subsidiaries (with certain exceptions for immaterial subsidiaries) and are secured by a perfected security interest in substantially all of the assets of the Borrower and the guarantors, in each case, now owned or later acquired, including a pledge of all of the Borrower’s capital stock, the capital stock of substantially all of the Borrower’s U.S. wholly-owned restricted subsidiaries and 65% of the capital stock of certain of the Borrower’s foreign restricted subsidiaries, subject in each case to the exclusion of certain assets and additional exceptions.

Ranking

The collateral securing the obligations under the Revolving Credit Agreement, together with the Borrower’s outstanding secured notes, obligations under the Term Loan Agreement and certain other future indebtedness and obligations permitted under the indentures governing the Borrower’s outstanding notes and the Amended and Restated Credit Agreement, are subject to first priority liens securing such indebtedness. However, under the terms of an existing intercreditor agreement, borrowings under the Revolving Credit Agreement will effectively rank ahead of the Borrower’s outstanding secured notes and the term loans under the Term Loan Agreement.

Certain Covenants and Events of Default

The Revolving Credit Agreement includes negative covenants that will, among other things and subject to certain significant exceptions, limit the ability of the Borrower and its restricted subsidiaries to:

• incur indebtedness or guarantees;

• incur liens;

• make investments, loans and acquisitions;

• consolidate or merge;

• sell assets, including capital stock of its subsidiaries;

• pay dividends on its capital stock or redeem, repurchase or retire its capital stock;

• alter the business it conducts;

• amend, prepay, redeem or purchase subordinated debt;

• engage in transactions with its affiliates; and

• enter into agreements limiting subsidiary dividends and distributions.

The Revolving Credit Agreement also contains certain customary representations and warranties, affirmative covenants and events of default (including, among others, an event of default upon a change of control). If an event of default occurs, the lenders under the Revolving Credit Agreement will be entitled to take various actions, including the acceleration of amounts due under the Revolving Credit Agreement and all actions customarily permitted to be taken by a secured creditor.

The foregoing description does not purport to be complete and is qualified in its entirety by reference to the full text of the Revolving Credit Agreement, which is filed as Exhibit 10.3 hereto and is incorporated herein by reference.

Item 2.03 Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of the Registrant.

The information set forth in Item 1.01 is incorporated by reference into this Item 2.03.

Item 8.01 Other Events.

On February 14, 2020, Vivint issued a press release announcing that the Issuer completed the refinancing transactions described in this report.

A copy of the press release is filed as Exhibit 99.1 hereto and is incorporated herein by reference.

Item 9.01 Financial Statements and Exhibits.

(d) Exhibits.

ExhibitNumber		Description
10.1		Indenture, dated as of February 14, 2020, among the Issuer, the guarantors party thereto and Wilmington Trust, National Association, as trustee and collateral agent (incorporated by reference to Exhibit 10.1 to the Current Report on Form 8-K of Vivint Smart Home, Inc. filed on February 19, 2020 (File Number: 001-38246)).
10.2		Amended and Restated Credit Agreement, dated as of February 14, 2020, among the Borrower, the Company, each lender from time to time party thereto and Bank of America, N.A., as administrative agent (incorporated by reference to Exhibit 10.2 to the Current Report on Form 8-K of Vivint Smart Home, Inc. filed on February 19, 2020 (File Number: 001-38246)).
10.3		Fourth Amended and Restated Credit Agreement, dated as of February 14, 2020, among the Borrower, the Company, the other guarantors party thereto, each lender from time to time party thereto and Bank of America, N.A., as administrative agent, L/C issuer and swing line lender (incorporated by reference to Exhibit 10.3 to the Current Report on Form 8-K of Vivint Smart Home, Inc. filed on February 19, 2020 (File Number: 001-38246)).
99.1		Press release issued February 14, 2020 (incorporated by reference to Exhibit 99.1 to the Current Report on Form 8-K of Vivint Smart Home, Inc. filed on February 18, 2020 (File Number: 001-38246)).

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 hereunto duly authorized.

APX GROUP HOLDINGS, INC. By: /s/ ~~Dale~~Shawn RJ. ~~Gerard~~Lindquist Name: ~~Dale~~Shawn RJ. ~~Gerard~~Lindquist Title: ~~Interim~~ Chief ~~Financial~~Legal Officer

Date: ~~February 19~~March 3, 2020

Filing Compare · APX Group Holdings, Inc.