Fifth Amendment, effective January 25, 2022, to Second Amended and Restated Consumer Financing Services Agreement, dated May 31, 2017, between Citizens Bank, N.A. and APX Group, Inc

EX-10.38 4 ex1038amendment5to2ndarcon.htm EX-10.38 Document

Exhibit 10.38

FIFTH AMENDMENT

TO SECOND AMENDED & RESTATED CONSUMER FINANCING SERVICES AGREEMENT

Effective Date: January 25, 2022

WHEREAS, APX Group, Inc. (“Vivint” or “Company”) and Citizens Bank, N.A. (“Citizens” or “Supplier”, and together with Vivint, the “Parties”) entered into that certain Second Amended and Restated Consumer Financing Services Agreement dated as of May 31, 2017 (as amended, the “Agreement”);

WHEREAS, the Parties desire to amend the Agreement;

NOW, THEREFORE, for valid and adequate consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

1.Change of Reference Dates. Each of the five references to “February 1, 2022” in Sections 2.4.2, 2.4.4 and 2.4.5 of the Agreement is hereby deleted and replaced with the following new reference: “February 15, 2022 (or, if such 15th day of the month is not feasible due to cycle time, then on the next Business Day)”.

2.Except as explicitly set forth in this Fifth Amendment, the Agreement is not amended or modified hereby. Section references used herein are to sections of the Agreement. Defined terms used herein without definition shall have the meanings ascribed to them in the Agreement.

IN WITNESS WHEREOF, the Parties hereto have caused their names to be signed hereto by their respective officers thereunto duly authorized as of the date first written above.


APX GROUP, INC.						CITIZENS BANK, N.A.
/s/ Dale R. Gerard						/S/ Andrew Rostami
Name: Dale R. Gerard						Name: Andrew Rostami
Title: Chief Financial Officer						Title: President, Citizens Pay