UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d)
OF THE SECURITIES EXCHANGE ACT OF 1934
Date
of Report (Date of earliest event reported): August 6, 2024 (
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Item 1.01. Entry into a Material Definitive Agreement.
Third Amendment to Account Servicing Agreement
On August 2, 2024, ML Plus LLC (the “Company”), a wholly-owned indirect subsidiary of MoneyLion Inc. (“MoneyLion”), entered into the Third Amendment to Account Servicing Agreement (“Third Amendment”) with Pathward, N.A. (“Pathward”) to amend that certain Account Servicing Agreement, dated as of January 14, 2020 (as amended from time to time, the “Agreement”), pursuant to which the Company provides its RoarMoney demand deposit accounts and debit cards with Pathward, as partner issuing bank (the “Program Services”), in order to enable the Company to offer overdraft protection in connection with the Program Services. The Third Amendment also extends the term of the Agreement to January 2029 (with automatic renewal for successive two-year periods unless either party provides written notice of non-renewal, which may be without cause, at least 180 days prior to the end of any such term).
The foregoing description of the Third Amendment does not purport to be complete and is qualified in its entirety by reference to the full text of the Third Amendment, which is filed as Exhibit 10.1 hereto and incorporated herein by reference.
Item 2.02. Results of Operations and Financial Condition.
On August 6, 2024, MoneyLion issued a press release announcing its financial results for the quarter ended June 30, 2024. A copy of the press release is attached hereto as Exhibit 99.1 to this report.
The information furnished pursuant to this Item 2.02, including Exhibit 99.1, is being “furnished” herewith and shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise subject to the liabilities under that section, or incorporated by reference in any filing made by MoneyLion under the Securities Act of 1933, as amended, or the Exchange Act, regardless of any general incorporation language in such filings, except as shall be expressly set forth by specific reference in such a filing.
Item 9.01. Financial Statements and Exhibits
(d) Exhibits
| Exhibit No. | Description | |
| 10.1*† | Third Amendment to Account Servicing Agreement, by and between ML Plus LLC and Pathward, N.A. | |
| 99.1** | Press release, dated August 6, 2024, issued by MoneyLion Inc. | |
| 104 | Cover Page Interactive Data File (embedded within the Inline XBRL document). |
| * | Filed herewith. |
| ** | Furnished herewith. |
| † | Certain schedules and exhibits to this exhibit have been omitted pursuant to Regulation S-K Item 601(a)(5), or certain portions of this exhibit have been redacted pursuant to Regulation S-K Item 601(b)(iv). |
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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.
| MONEYLION INC. | ||
| By: | /s/ Richard Correia | |
| Name: | Richard Correia | |
| Title: | President, Chief Financial Officer and Treasurer | |
Date: August 6, 2024
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