FIVE9, INC. Shares of Common Stock, par value $0.001 Underwriting AgreementUnderwriting Agreement • April 3rd, 2014 • Five9, Inc. • Services-computer processing & data preparation • New York
FIVE9, INC. AND U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of March 1, 2024 1.00% Convertible Senior Notes due 2029Indenture • March 1st, 2024 • Five9, Inc. • Services-computer processing & data preparation • New York
INDENTURE, dated as of March 1, 2024, between FIVE9, INC., a Delaware corporation, as issuer (the “Company”, as more fully set forth in Section 1.01) and U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee”, as more fully set forth in Section 1.01).
INDEMNIFICATION AGREEMENTIndemnification Agreement • August 5th, 2015 • Five9, Inc. • Services-computer processing & data preparation • Delaware
This Indemnification Agreement ("Agreement") is made as of ________ __, 20__ by and between Five9, Inc., a Delaware corporation (the "Company"), and ______________ ("Indemnitee"). This Agreement supersedes and replaces any and all previous Agreements between the Company and Indemnitee covering the subject matter of this Agreement.
Dealer Address] To: Five9, Inc. 4000 Executive Parkway, Suite 400 San Ramon, CA 94583Call Option Transaction • March 1st, 2024 • Five9, Inc. • Services-computer processing & data preparation
ContractIndenture • May 28th, 2020 • Five9, Inc. • Services-computer processing & data preparation • New York
Lease AgreementLease Agreement • March 3rd, 2014 • Five9, Inc. • Services-computer processing & data preparation • Minnesota
This Lease Agreement, dated November 8, 2012, by and between WINMARK CAPITAL CORPORATION, a Minnesota Corporation (the “Lessor”), with an office located at 605 Highway 169 N, Suite 400, Minneapolis, Minnesota 55441, and FIVE9, INC. AND SUBSIDIARIES (the “Lessee”) with an office located at 4000 Executive Parkway, Suite 400, San Ramon, California 94583
QUALITY INVESTMENT PROPERTIES METRO, LLC ADDENDUM TO MASTER SPACE AGREEMENT ADDITIONAL TERMS AND CONDITIONS FOR COLOCATION AND INTERNET ACCESSAddendum to Master Space Agreement • March 3rd, 2014 • Five9, Inc. • Services-computer processing & data preparation
This Addendum is attached to and made a part of the Master Space Agreement between Customer and Quality Investment Properties Metro, LLC (“QTS”), and the terms hereof are incorporated therein by this reference and are applicable where Customer orders the use of space with the Data Center(s) to be used for the purpose of collocating computer equipment and associated telecommunications equipment (the “Customer Space”); or Customer orders communications or connectivity including connection to the internet. Capitalized terms used herein and not otherwise defined herein shall have the same meaning such terms are given in the Master Space Agreement. Reference herein to the “Agreement” shall mean the Master Space Agreement, this Addendum and all other Addenda attached thereto, and all Orders placed thereunder. No other discussions, proposals, brochures, or statements of work are incorporated herein, and neither customer nor QTS have relied thereon. The Master Space Agreement, all Addenda atta
FIVE9, INC. BISHOP RANCH—BUILDING LEASEBuilding Lease • March 24th, 2014 • Five9, Inc. • Services-computer processing & data preparation • California
This Lease is made and entered into this 16th day of December, 2011, by and between Alexander Properties Company, a California limited partnership, (hereinafter “Landlord”) and five9, Inc., a Delaware corporation (hereinafter “Tenant”). For and in consideration of the rental and of the covenants and agreements hereinafter set forth to be kept and performed by Tenant, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises herein described for the term, at the rental and subject to and upon all of the terms, covenants and agreements hereinafter set forth.
EIGHTH AMENDED AND RESTATED STOCKHOLDERS’ AGREEMENTStockholders’ Agreement • March 24th, 2014 • Five9, Inc. • Services-computer processing & data preparation • Delaware
This Eighth Amended and Restated Stockholders’ Agreement (this “Agreement”) is made as of October 28th, 2013 (the “Effective Date”) by and among Five9, Inc., a Delaware corporation (the “Company”), the Major Common Holders (as defined below), and the Holders (as defined below), each as listed on Exhibit A attached hereto.
Via Electronic Mail July 16, 2013 David W. Hill Vice President – Finance Five9, Inc.Letter Agreement Promissory Note • March 3rd, 2014 • Five9, Inc. • Services-computer processing & data preparation
MASTER LICENSE AND SERVICE AGREEMENTMaster License and Service Agreement • March 3rd, 2014 • Five9, Inc. • Services-computer processing & data preparation
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, this Master License and Service Agreement (together with any Order Forms, the “MSA’’) is entered into as of November 1st, 2011 by and between (i) CORESITE CORONADO STENDER, L.L.C., a Delaware limited liability company (“CoreSite”), as licensor for certain purposes hereunder, as applicable, and CORESITE SERVICES, INC., a Delaware corporation (“CoreSite Services”), as licensor for certain other purposes hereunder, as applicable, and (ii) Five 9, Inc., a Delaware corporation (“Customer”), as licensee of certain facilities, premises, equipment, and services, as set forth and describe herein. CoreSite and CoreSite Services are sometimes referred to herein individually as “Licensor” and collectively as “Licensors.” CoreSite, CoreSite Services, and Customer are each referred to individually herein as a “Party” and collectively as the “Parties.”
MASTER LEASE AND FINANCING AGREEMENTMaster Lease and Financing Agreement • March 3rd, 2014 • Five9, Inc. • Services-computer processing & data preparation • New Jersey
This Master Lease and Financing Agreement Number 3604686364 (together with Annex A and Exhibits A and B attached hereto and hereby made a part hereof, this “Master Agreement”) is entered into by and between Hewlett-Packard Financial Services Company1, a Delaware corporation (“Lessor”), and Five 9, Inc., a Delaware corporation (“Lessee”). Capitalized terms used in this Master Agreement without definition have the meanings specified in Annex A to this Master Agreement.
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 3rd, 2014 • Five9, Inc. • Services-computer processing & data preparation
This First Amendment to Loan and Security Agreement is entered into as of October 18th, 2013 (this “Amendment”), by and between CITY NATIONAL BANK (“Bank”) and FIVE9, INC. (“Borrower”).
Quality Investment Properties Metro, LLC Master Space AgreementMaster Space Agreement • March 3rd, 2014 • Five9, Inc. • Services-computer processing & data preparation • Georgia
This Master Space Agreement between Quality Investment Properties Metro, LLC, (“QTS”) and Five9, Inc. (“Customer) is made effective as of November 1st, 2012 (“Effective Date”) and governs Customer Space licensed to Customer under a Work Order and Service(s) purchased by Customer under a Work Order. Capitalized terms used herein shall have the meaning given in the definition section of this Agreement.
FIVE 9, INC. CITY NATIONAL BANK LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 3rd, 2014 • Five9, Inc. • Services-computer processing & data preparation • California
This LOAN AND SECURITY AGREEMENT is entered into as of March 8th, 2012 (this “Agreement”), by and between City National Bank (“Bank”) and FIVE 9, INC. (“Borrower”).
INDEPENDENT CONTRACTOR AGREEMENTIndependent Contractor Agreement • November 8th, 2017 • Five9, Inc. • Services-computer processing & data preparation • California
This Agreement is entered into as of November 8, 2017 by and between Five9, Inc., a Delaware corporation (hereinafter, “Company”), and Michael Burkland (hereinafter “Consultant”) to be effective as of the Resignation Effective Date (as defined below). The Company and Consultant are jointly referred to herein as the “Parties” and in some cases individually as a “Party.”
THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • December 18th, 2014 • Five9, Inc. • Services-computer processing & data preparation
This Third Amendment to Loan and Security Agreement is entered into as of December 16, 2014 (this “Amendment”), by and between CITY NATIONAL BANK (“Bank”) and FIVE9, INC., a Delaware corporation (“Borrower”).
JOINDERStockholders’ Agreement • May 14th, 2014 • Five9, Inc. • Services-computer processing & data preparation • New York
This Joinder (the “Joinder”) to the Eighth Amended and Restated Stockholders’ Agreement dated October 28, 2013, as amended to date, by and among Five9, Inc., a Delaware corporation (the “Company”), and the other signatories thereto (the “Stockholders’ Agreement”), is made and entered into as of April 1, 2014, between the Company and ATEL Ventures, Inc., as Trustee (the “Warrant Holder”). All capitalized terms used herein without definition shall have the meanings ascribed to them in the Stockholders’ Agreement.
AGREEMENT AND PLAN OF MERGER dated as of October 18, 2013 by and among Five9, Inc., as Parent Five9 Nevada Inc., as Merger Co. Five9 Acquisition LLC, as Acquisition Co. Face It, Corp., as the Company and the RepresentativeAgreement and Plan of Merger • March 3rd, 2014 • Five9, Inc. • Services-computer processing & data preparation • California
This AGREEMENT AND PLAN OF MERGER, dated as of October 18, 2013 (this “Agreement”), is by and among Five9, Inc., a Delaware corporation (“Parent”), Five9 Nevada Inc., a Nevada corporation and a direct wholly-owned subsidiary of Parent (“Merger Co.”), Five9 Acquisition LLC, a Delaware limited liability company and a direct wholly-owned subsidiary of Parent (“Acquisition Co.”), Face It, Corp., a Nevada corporation (the “Company”) and the Representative. Certain capitalized terms used herein have the meanings assigned to them in Section 6.1.
ContractWarrant Agreement • January 16th, 2014 • Five9, Inc. • Services-computer processing & data preparation • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND MAY NOT BE SOLD, PLEDGED OR OTHERWISE TRANSFERRED WITHOUT AN EFFECTIVE REGISTRATION THEREOF UNDER SUCH ACT OR PURSUANT TO RULE 144 OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO THE CORPORATION AND ITS COUNSEL THAT SUCH REGISTRATION IS NOT REQUIRED.
FIVE9, INC. CITY NATIONAL BANK SILICON VALLEY BANK LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 3rd, 2016 • Five9, Inc. • Services-computer processing & data preparation • California
This LOAN AND SECURITY AGREEMENT is entered into as of August 1, 2016 (this “Agreement”), by and among CITY NATIONAL BANK (“CNB”), as a Lender (as defined below) and in its capacity as administrative agent for the Lenders, SILICON VALLEY BANK (“SVB”, and collectively, with CNB, the “Lenders”, and each, a “Lender”), as a Lender, and FIVE9, INC. (“Borrower”).
SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 8th, 2018 • Five9, Inc. • Services-computer processing & data preparation
This Second Amendment to Loan and Security Agreement is entered into as of May 2, 2018 (this “Agreement”), by and among CITY NATIONAL BANK (“CNB”), as a Lender (as defined below) and in its capacity as administrative agent for the Lenders, SILICON VALLEY BANK (“SVB”, and collectively, with CNB, the “Lenders”, and each, a “Lender”), as a Lender, and FIVE9, INC. (“Borrower”).
Five9, Inc. San Ramon, CA 94583Agreement • December 9th, 2024 • Five9, Inc. • Services-computer processing & data preparation • Delaware
This letter (this “Agreement”) constitutes the agreement between (a) Five9, Inc. (the “Company”) and (b) Anson Funds Management LP (“AFM”) and Anson Advisors Inc. (“AAI” and collectively with AFM, “Anson”), and each of the other related Persons (as defined below) set forth on the signature pages to this Agreement (collectively with Anson, the “Anson Signatories”). Company and the Anson Signatories are collectively referred to as the “Parties.” The Anson Signatories and each Affiliate (as defined below) and Associate (as defined below) of each Anson Signatory are collectively referred to as the “Anson Group.”
LOAN AND SECURITY AGREEMENT DATED AS OF FEBRUARY 20, 2014 by and among FIVE9, INC. and FIVE9 ACQUISITION LLC collectively, Borrower, and FIFTH STREET FINANCE CORP. as Agent and Lender, and FIFTH STREET MEZZANINE PARTNERS V, L.P., as LenderLoan and Security Agreement • March 3rd, 2014 • Five9, Inc. • Services-computer processing & data preparation • New York
THIS LOAN AND SECURITY AGREEMENT is dated as of February 20, 2014 and entered into by and among (i) FIVE9, INC., a Delaware corporation (the “Lead Borrower”) and FIVE9 ACQUISITION LLC, a Delaware limited liability company (jointly and severally, individually and collectively, “Borrower”), (ii) FIFTH STREET FINANCE CORP., a Delaware corporation (together with its successors and assigns, “FSFC”), FIFTH STREET MEZZANINE PARTNERS V, L.P., a Delaware limited partnership (together with its successors and assigns, “FSMP”), and the other lenders identified on the signature pages hereof (such lenders, together with their respective successors and assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), and (iii) FIFTH STREET FINANCE CORP., a Delaware corporation, as the administrative agent and collateral agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, “Agent”). In consideration of the mutual cov
CONSENT AND SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 3rd, 2014 • Five9, Inc. • Services-computer processing & data preparation
This Consent and Second Amendment to Loan and Security Agreement is entered into as of February 20, 2014 (this “Amendment”), by and between CITY NATIONAL BANK (“Bank”) and FIVE9, INC. (“Borrower”).
Release AgreementRelease Agreement • July 26th, 2018 • Five9, Inc. • Services-computer processing & data preparation
SECOND LEASE ADDENDUMLease Addendum • March 3rd, 2014 • Five9, Inc. • Services-computer processing & data preparation
THIS SECOND LEASE ADDENDUM IS MADE AND ENTERED INTO THIS 23 DAY OF January, 2014, BY AND BETWEEN ALEXANDER PROPERTIES COMPANY, A CALIFORNIA LIMITED PARTNERSHIP (HEREINAFTER REFERRED TO AS “LANDLORD”) AND FIVE9, INC., A DELAWARE CORPORATION (HEREINAFTER REFERRED TO AS “TENANT”).
ContractWarrant Agreement • March 3rd, 2014 • Five9, Inc. • Services-computer processing & data preparation • California
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
ContractWarrant Agreement • March 3rd, 2014 • Five9, Inc. • Services-computer processing & data preparation • Delaware
THIS WARRANT AND THE SHARES ISSUABLE HEREUNDER HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “ACT”), OR THE SECURITIES LAWS OF ANY STATE AND, EXCEPT AS SET FORTH IN SECTIONS 5.3 AND 5.4 BELOW, MAY NOT BE OFFERED, SOLD, PLEDGED OR OTHERWISE TRANSFERRED UNLESS AND UNTIL REGISTERED UNDER SAID ACT AND LAWS OR IN THE OPINION OF LEGAL COUNSEL IN FORM AND SUBSTANCE SATISFACTORY TO THE COMPANY, SUCH OFFER, SALE, PLEDGE OR OTHER TRANSFER IS EXEMPT FROM SUCH REGISTRATION.
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • March 3rd, 2014 • Five9, Inc. • Services-computer processing & data preparation • California
THIS EXECUTIVE EMPLOYMENT AGREEMENT (this “Agreement”), dated January 1, 2012 (“Effective Date”), is by and among Five9, Inc., a Delaware corporation (the “Company”) and Michael Burkland (“Burkland”), an individual resident of the State of California.
SECOND AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 25th, 2015 • Five9, Inc. • Services-computer processing & data preparation
This Second Amendment to Loan and Security Agreement (the “Amendment”) is dated as of February 19, 2015, by and among (i) FIVE9, INC., a Delaware corporation and FIVE9 ACQUISITION LLC, a Delaware limited liability company (collectively, “Borrower”), (ii) FIFTH STREET FINANCE CORP., a Delaware corporation, as the administrative agent for the Lenders (in such capacity, “Agent”), and (iii) the lenders identified on the signature pages hereof (collectively, “Lenders”).
Chairman of the Board AgreementChairman of the Board Agreement • August 3rd, 2020 • Five9, Inc. • Services-computer processing & data preparation • California
This Agreement is entered into as of 06/22/2020 14:03 PDT, by and between Five9, Inc., a Delaware corporation (hereinafter, “Company”), and Michael Burkland (hereinafter “Chairman”) to be effective as of the date hereof (the “Effective Date”). The Company and Chairman are jointly referred to herein as the “Parties” and in some cases individually as a “Party.”
FIVE9, INC. WARRANT TO PURCHASE SHARESWarrant Agreement • March 3rd, 2014 • Five9, Inc. • Services-computer processing & data preparation • California
This warrant (the “Warrant”) is issued as of February 26, 2008, to (the “Investor”) by Five9, Inc., a Delaware corporation (the “Company”), pursuant to the terms of that certain Convertible Secured Promissory Note and Warrant Purchase Agreement, dated as of February , 2008, as such agreement may be amended, modified or supplemented from time to time (the “Purchase Agreement”), in connection with the Investor’s commitment to purchase certain Notes (as defined in the Purchase Agreement).
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • December 18th, 2014 • Five9, Inc. • Services-computer processing & data preparation
This First Amendment to Loan and Security Agreement (the “Amendment”) is dated as of December 16, 2014, by and among (i) FIVE9, INC., a Delaware corporation and FIVE9 ACQUISITION LLC, a Delaware limited liability company (collectively, “Borrower”), (ii) FIFTH STREET FINANCE CORP., a Delaware corporation, as the administrative agent for the Lenders (in such capacity, “Agent”), and (iii) the lenders identified on the signature pages hereof (collectively, “Lenders”).
THIRD AMENDMENT TOStockholders’ Agreement • May 14th, 2014 • Five9, Inc. • Services-computer processing & data preparation • Delaware
This Third Amendment to the Eighth Amended and Restated Stockholders’ Agreement (this “Amendment”) is made as of April 15, 2014 (the “Effective Date”), by and among Five9, Inc., a Delaware corporation (the “Company”), and the Holders (as defined in the Eighth Amended and Restated Stockholders’ Agreement made as of October 28, 2013 (as amended, the Existing Agreement”)) signatory hereto. Capitalized terms used, but not otherwise defined, in this Amendment will have the meanings given to such terms in the Existing Agreement.
