FIVE9, INC. Shares of Common Stock, par value $0.001 Underwriting AgreementUnderwriting Agreement • March 24th, 2014 • Five9, Inc. • Services-computer processing & data preparation • New York
INDEMNIFICATION AGREEMENTIndemnification Agreement • March 24th, 2014 • 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.
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.
