17 unchanged sentences
The information concerning our executive officers required by this Item is incorporated herein by reference to information contained in the 2021 Proxy Statement including “Executive Officers.”
−Removed: We have adopted a code of ethics and business conduct, or code of conduct, that applies to all employees, including our principal executive officers, our principal financial officer, and all other executive officers.
+Added: We have adopted a code of ethics and business conduct, or code of conduct, that applies to all employees, including our principal executive officer, our principal financial officer, our principal accounting officer, and all other executive officers.
Our code of conduct is available on our website at http://investors.five9.com/corporate-governance.cfm.
29 unchanged sentences
Amended and Restated Bylaws of Five9, Inc .
−Removed: (filed as Exhibit 3.1 to the Company’s Current Report on Form 8-K filed with the SEC on April 10, 2014 (File No.
+Added: (filed as Exhibit 3.1 to the Company’s Current Report on Form 8-K filed with the SEC on August 3, 2020 (File No.
001-36383) and incorporated by reference herein).
7 unchanged sentences
Description of Registrant ’ s Securities .
−Removed: Independent Contractor Agreement between the Registrant and Michael Burkland (filed as Exhibit 10.1 to the Company’s Current Report on Form 8-K filed with the SEC on November 8, 2017 (File No.
+Added: (filed as Exhibit 4.4 to the Company’s Annual Report on Form 10-K filed with the SEC on February 27, 2020 (File No.
001-36383) and incorporated by reference herein).
−Removed: Form of Indemnification Agreement between the Registrant and each of its directors and executive officers, as amended on July 31, 2015 (filed as Exhibit 10.1 to the Company’s Quarterly Report on Form 10-Q filed with the SEC on August 5, 2015 (File No.
+Added: Indenture, dated as of May 27, 2020, between Five 9, Inc.
+Added: Bank National Association, as trustee (filed as Exhibit 4.1 to the Company's Current Report on Form 8-K filed with the SEC on May 28, 2020 (File No.
001-36383) and incorporated by reference herein).
+Added: Form of 0.500% Convertible Senior Notes due 2025 (filed as Exhibit 4.2 to the Company's Current Report on Form 8-K filed with the SEC on May 28, 2020 (File No.
+Added: 001-36383) and incorporated by reference herein).
Exhibit Index
Exhibit Number Description
+Added: Form of Indemnification Agreement between the Registrant and each of its directors and executive officers, as amended on July 31, 2015 (filed as Exhibit 10.1 to the Company’s Quarterly Report on Form 10-Q filed with the SEC on August 5, 2015 (File No.
+Added: 001-36383) and incorporated by reference herein).
Confirmation Letter between the Registrant and Barry Zwarenstein (filed as Exhibit 10.3 to the Company’s Registration Statement on Form S-1 filed with the SEC on March 3, 2014 (File No.
6 unchanged sentences
001-36383) and incorporated by reference herein).
−Removed: Offer Letter between the Registrant and Ryan Kam (filed as Exhibit 10.10 to the Company’s Annual Report on Form 10-K filed with the SEC on February 25, 2019 (File No.
−Removed: 001-36383) and incorporated by reference herein).
−Removed: Offer Letter between the Registrant and James Doran (filed as Exhibit 10.11 to the Company’s Annual Report on Form 10-K filed with the SEC on February 25, 2019 (File No.
−Removed: 001-36383) and incorporated by reference herein).
−Removed: Offer Letter between the Registrant and David Pickering (filed as Exhibit 10.12 to the Company’s Annual Report on Form 10-K filed with the SEC on February 25, 2019 (File No.
−Removed: 001-36383) and incorporated by reference herein).
−Removed: Offer Letter between the Registrant and Jonathan Rosenberg (filed as Exhibit 10.13 to the Company’s Annual Report on Form 10-K filed with the SEC on February 25, 2019 (File No.
−Removed: 001-36383) and incorporated by reference herein).
Amended and Restated 2004 Equity Incentive Plan (filed as Exhibit 10.8 to Amendment No.2 to the Company’s Registration Statement on Form S-1 filed with the SEC on April 3, 2014 (File No.
5 unchanged sentences
333-194258) and incorporated by reference herein).
+Added: Inference Technologies Group Inc.
+Added: 2018 Equity Incentive Plan (filed as Exhibit 4.3 to the Company’s Form S-8 filed with the SEC on November 19, 2020 (File No.
+Added: 333-250197) and incorporated by reference herein).
2014 Employee Stock Purchase Plan (filed as Exhibit 10.10 to Amendment No.1 to the Company’s Registration Statement on Form S-1 filed with the SEC on March 24, 2014 (File No.
2 unchanged sentences
001-36383) and incorporated by reference herein).
−Removed: 2018 Executive Bonus Plan (filed as Exhibit 10.14 to the Company’s Annual Report on Form 10-K filed with the SEC on March 1, 2018 (File No.
−Removed: 001-36383) and incorporated by reference herein).
−Removed: 10.17+ Five9 Inc.
−Removed: Non-Employee Director Compensation Policy .
−Removed: 10.18+ Five9 Inc.
2020 Executive Bonus Program.
−Removed: 2019 Executive Bonus Program (filed as Exhibit 10.21 to the Company’s Annual Report on Form 10-K filed with the SEC on February 25, 2019 (File No.
+Added: (filed as Exhibit 10.18 to the Company’s Annual Report on Form 10-K filed with the SEC on February 27, 2020 (File No.
001-36383) and incorporated by reference herein).
+Added: Executive Incentive Compensation Plan (filed as Exhibit 10.1 to the Company’s Current Report on Form 8-K filed with the SEC on February 18, 2021 (File No.
+Added: 001-36383) and incorporated by reference herein).
+Added: Non-Employee Director Compensation Policy
Office Lease for Bishop Ranch Building, dated December 16, 2011, between the Registrant and Alexander Properties Company and First Lease Addendum dated October 24, 2012, Second Lease Addendum dated January 23, 2014, Third Lease Addendum dated April 3, 2017, Fourth Lease Addendum dated June 30, 2017, Fifth Lease Addendum dated January 3, 2018, Sixth Lease Addendum dated July 1, 2018 and Seventh Lease Addendum dated February 27, 2019 (filed as Exhibit 10.1 to the Company’s Quarterly Report on Form 10-K filed with the SEC on May 1, 2019 (File No.
001-36383) and incorporated by reference herein).
+Added: Form of Capped Call Confirmation (filed as Exhibit 10.1 to the Company’s Current Report on Form 8-K filed with the SEC on May 8, 2018 (File No.
+Added: 001-36383) and incorporated by reference herein).
+Added: Form of Capped Call Confirmation (filed as Exhibit 10.1 to the Company's Current Report on Form 8-K filed with the SEC on May 28, 2020 (File No.
+Added: 001-36383) and incorporated by reference herein).
Exhibit Index
Exhibit Number Description
−Removed: Equipment Lease Agreement, dated November 8, 2012, between the Registrant and Winmark Capital Corporation (filed as Exhibit 10.20 to the Company’s Registration Statement on Form S-1 filed with the SEC on March 3, 2014 (File No.
+Added: Bishop Ranch Building Lease, dated July 29, 2020, between Five9, Inc.
+Added: and 2600 CR, LLC (filed as Exhibit 10.1 to the Company's Current Report on Form 8-K filed with the SEC on August 3, 2020 (File No.
001-36383) and incorporated by reference herein).
−Removed: Form of Capped Call Confirmation (filed as Exhibit 10.1 to the Company’s Current Report on Form 8-K filed with the SEC on May 8, 2018 (File No.
+Added: Chairman of the Board Agreement (filed as Exhibit 10.3 to the Company’s Quarterly Report on Form 10-Q filed with the SEC on August 3, 2020 (File No.
001-36383) and incorporated by reference herein).
34 unchanged sentences
/s/ Barry Zwarenstein Chief Financial Officer February 26, 2021
−Removed: Barry Zwarenstein (Principal Financial Officer and Principal Accounting Officer)
+Added: Barry Zwarenstein (Principal Financial Officer)
+Added: /s/ Leena Mansharamani Chief Accounting Officer February 26, 2021
+Added: Leena Mansharamani (Principal Accounting Officer)
/s/ Michael Burkland Chairman of the Board, Director February 26, 2021
3 unchanged sentences
Kimberly Alexy
+Added: /s/ Susan Barsamian Director February 26, 2021
+Added: Susan Barsamian
/s/ Michael Burdiek Director February 26, 2021
6 unchanged sentences
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.