14 unchanged sentences
Rule 10b5-1 Plans
−Removed: 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.
+Added: During the fiscal quarter ended December 31, 2024, 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 other than as set forth herein:
+Added: Name Title Adoption Date Expiration Date Aggregate # of securities to be sold (1)
+Added: Aggregate # of securities to be purchased Type of Arrangement (2)
+Added: Andy Dignan Chief Operating Officer Dec.
+Added: 10, 2024 Dec.
+Added: 31, 2025 39,996 — Rule 10b5-1 trading arrangement
+Added: Leena Mansharamani Chief Accounting Officer Dec.
+Added: 10, 2024 Dec.
+Added: 31, 2025 9,252 — Rule 10b5-1 trading arrangement
+Added: ______________________
+Added: (1) Does not include an additional indeterminable number of shares permitted to be sold pursuant to the Rule 10b5-1 trading arrangement following the sales of securities outside of the Rule 10b5-1 trading arrangement in order to satisfy tax obligations upon the vesting of restricted stock units.
+Added: (2) The Rule 10b5-1 trading arrangement is intended to satisfy the affirmative defense conditions of Rule 10b5-1(c).
Disclosure Regarding Foreign Jurisdictions that Prevent Inspections
47 unchanged sentences
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 March 1, 2024, between Five 9, Inc.
+Added: Bank National Company, National Association, as trustee (filed as Exhibit 4.1 to the Company's Current Report on Form 8-K filed with the SEC on March 1, 2024 (File No.
001-36383) and incorporated by reference herein).
1 unchanged sentence
Exhibit Number Description
−Removed: 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.
+Added: Form of 1.00% Convertible Senior Notes due 2029 (filed as Exhibit 4.2 to the Company's Current Report on Form 8-K filed with the SEC on March 1, 2024 (File No.
001-36383) and incorporated by reference herein).
−Removed: Offer Letter between the Registrant and Dan Burkland and amendment (filed as Exhibit 10.4 to the Company’s Registration Statement on Form S-1 filed with the SEC on March 3, 2014 (File No.
+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.
001-36383) and incorporated by reference herein).
+Added: 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.
+Added: 333-194258) and incorporated by reference herein).
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.
12 unchanged sentences
333-194258) and incorporated by reference herein).
−Removed: 2019 Key Employee Severance Benefit Plan (filed as Exhibit 10.1 to the Company’s Current Report Form 8-K filed with the SEC on April 9, 2019 (File No.
+Added: 2019 Key Employee Severance Benefit Plan (filed as Exhibit 10.1 to the Company’s Current Report Form 8-K filed with the SEC on February 18, 2025 (File No.
001-36383) and incorporated by reference herein).
5 unchanged sentences
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 March 1, 2024 (File No.
+Added: 001-36383) and incorporated by reference herein).
Bishop Ranch Building Lease, dated July 29, 2020, between the Registrant 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.
5 unchanged sentences
001-36383) and incorporated by reference herein).
+Added: Exhibit Index
+Added: Exhibit Number Description
Form of Five9 Inc.
3 unchanged sentences
001-36383) and incorporated by reference herein).
−Removed: Exhibit Index
−Removed: Exhibit Number Description
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.
001-36383) and incorporated by reference herein).
+Added: Performance-Based Restricted Stock Unit Grant Notice and Award Agreement for 2024-2026 Performance Period - 2014 Equity Incentive Plan (filed as Exhibit 10.20 to the Company’s Annual Report on Form 10-K filed with the SEC on February 22, 2024 (File No.
+Added: 001-36383) and incorporated by reference herein).
Performance-Based Restricted Stock Unit Grant Notice and Award Agreement for 2025-2027 Performance Period - 2014 Equity Incentive Plan
+Added: Cooperation Letter Agreement, dated December 8, 2024, between the Company, Anson Funds Management LP, Anson Advisors Inc.
+Added: and certain other parties (filed as Exhibit 10.1 to the Company’s Current Report on Form 8-K filed with the SEC on December 9, 2024 (File No.
+Added: 001-36383) and incorporated by reference herein).
+Added: Consulting Agreement between Five9, Inc.
+Added: and Daniel Burkland, dated February 7, 2025 (filed as Exhibit 10.1 to the Company’s Current Report on Form 8-K filed with the SEC on February 11, 2025 (File No.
+Added: 001-36383) and incorporated by reference herein).
+Added: Employment Transition Agreement between Five9, Inc.
+Added: and Barry Zwarenstein, dated February 20, 2025 (filed as Exhibit 10.1 to the Company’s Current Report on Form 8-K filed with the SEC on February 20, 2025 (File No.
+Added: 001-36383) and incorporated by reference herein).
+Added: Insider Trading Policy
Subsidiaries of the Company.
8 unchanged sentences
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.
−Removed: Compensation Recoupment Policy
+Added: Compensation Recoupment Policy (filed as Exhibit 97.1 to the Company’s Annual Report on Form 10-K filed with the SEC on February 22, 2024 (File No.
+Added: 001-36383) and incorporated by reference herein).
101.INS XBRL Instance Document
31 unchanged sentences
Michael Burdiek
−Removed: /s/ David DeWalt Director February 21, 2024
+Added: /s/ Sagar Gupta Director February 20, 2025
/s/ Julie Iskow Director February 20, 2025
1 unchanged sentence
Jonathan Mariner
+Added: /s/ Maria Walker Director February 20, 2025
/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.