0000950123-14-000297 Sample Contracts

FIVE9, INC. BISHOP RANCH—BUILDING LEASE
Building Lease • January 16th, 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.

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Via Electronic Mail July 16, 2013 David W. Hill Vice President – Finance Five9, Inc.
Letter Agreement Promissory Note • January 16th, 2014 • Five9, Inc. • Services-computer processing & data preparation
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • January 16th, 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”).

FIVE 9, INC. CITY NATIONAL BANK LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • January 16th, 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”).

Contract
Warrant 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.

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