9 unchanged sentences
Based on the assessment, our management has concluded that our internal control over financial reporting was effective as of December 31, 2023 to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements in accordance with U.S.
−Removed: KPMG LLP, the independent registered public accounting firm that audited our financial statements included in this Annual Report on Form 10-K, has issued an attestation report on our internal control over financial reporting, which is included herein.
+Added: KPMG LLP, the independent registered public accounting firm that audited our financial statements included in this Annual Report on Form 10-K, has issued an auditors’ report on our internal control over financial reporting, which is included herein.
Changes in Internal Control over Financial Reporting
1 unchanged sentence
Other Information
+Added: Rule 10b5-1 Plans
+Added: During the fiscal quarter ended December 31, 2023, none of the Company’s directors and officers adopted , modified, or terminated a Rule 10b5-1 trading arrangement or a non-Rule 10b5-1 trading arrangement.
Disclosure Regarding Foreign Jurisdictions that Prevent Inspections
15 unchanged sentences
4 — Ratification of Appointment of Independent Registered Public Accounting Firm.”
−Removed: Exhibits, Financial Statement Schedules
+Added: Exhibits and Financial Statement Schedules
(a) The following documents are filed as part of this Report:
17 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 August 3, 2020 (File No.
+Added: (filed as Exhibit 3.1 to the Company’s Quarterly Report on Form 10-Q filed with the SEC on November 2, 2023 (File No.
001-36383) and incorporated by reference herein).
1 unchanged sentence
333-194258) and incorporated by reference herein).
−Removed: Indenture between the Registrant and U.S.
−Removed: Bank National Association, as trustee, dated May 8, 2018 (filed as Exhibit 4.1 to the Company’s Current Report on Form 8-K filed with the SEC on May 8, 2018 (File No.
−Removed: 001-36383) and incorporated by reference herein).
−Removed: Form of 0.125% Convertible Senior Notes due 2023 (filed as Exhibit 4.2 to the Company’s Current Report on Form 8-K filed with the SEC on May 8, 2018 (File No.
−Removed: 001-36383) and incorporated by reference herein).
Description of Registrant ’ s Securities.
4 unchanged sentences
001-36383) and incorporated by reference herein).
−Removed: Exhibit Index
−Removed: Exhibit Number Description
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.
2 unchanged sentences
001-36383) and incorporated by reference herein).
+Added: Exhibit Index
+Added: Exhibit Number Description
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.
2 unchanged sentences
333-194258) and incorporated by reference herein).
−Removed: Offer Letter between the Registrant and Scott Welch (filed as Exhibit 10.7 to the Company’s Annual Report on Form 10-K filed with the SEC on March 10, 2015 (File No.
−Removed: 001-36383) and incorporated by reference herein).
−Removed: Offer Letter between the Registrant and Micha el Burkland (filed as Exhibit 10.1 to the Company’s Current Report on Form 8-K filed with the SEC on October 11, 2022 (File No.
+Added: Offer Letter 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 October 11, 2022 (File No.
001-36383) and incorporated by reference herein).
15 unchanged sentences
001-36383) and incorporated by reference herein).
−Removed: Non-Employee Director Compensation Policy
−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: Non-Employee Director Compensation Policy (filed as Exhibit 10.13 to the Company’s Annual Report on Form 10-K filed with the SEC on February 24, 2023 (File No.
001-36383) and incorporated by reference herein).
5 unchanged sentences
001-36383) and incorporated by reference herein).
−Removed: Exhibit Index
−Removed: Exhibit Number Description
Form of Five9 Inc.
6 unchanged sentences
001-36383) and incorporated by reference herein).
−Removed: 10.21+ Five9 , Inc.
+Added: Exhibit Index
+Added: Exhibit Number Description
+Added: Performance-Based Restricted Stock Unit Grant Notice and Award Agreement for 2023-2025 Performance Period - 2014 Equity Incentive Plan (filed as Exhibit 10.21 to the Company’s Annual Report on Form 10-K filed with the SEC on February 24, 2023 (File No.
+Added: 001-36383) and incorporated by reference herein).
Performance-Based Restricted Stock Unit Grant Notice and Award Agreement for 2024-2026 Performance Period - 2014 Equity Incentive Plan
9 unchanged sentences
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.
+Added: Compensation Recoupment Policy
101.INS XBRL Instance Document
27 unchanged sentences
/s/ Jack Acosta Director February 21, 2024
−Removed: /s/ Kimberly Alexy Director February 24, 2023
−Removed: Kimberly Alexy
/s/ Susan Barsamian Director February 21, 2024
4 unchanged sentences
/s/ Julie Iskow Director February 21, 2024
+Added: /s/ Jonathan Mariner Director February 21, 2024
+Added: Jonathan Mariner
/s/ David Welsh Director;
3 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.