Five9 : Submission of Matters to a Vote of Security Holders - Form 8-K
May 17, 2023 at 03:41 pm IST
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fivn-20230516
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): May 16, 2023
FIVE9, INC.
(Exact name of Registrant as specified in its charter)
Delaware
001-36383
94-3394123
(State or other jurisdiction
of incorporation)
(Commission File No.)
(I.R.S. Employer
Identification No.)
3001 Bishop Drive,Suite 350
San Ramon,CA94583
(Address of Principal Executive Offices) (Zip Code)
Registrant's telephone number, including area code: (925) 201-2000
Not Applicable
(Former name or former address if changed since last report)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
☐
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
☐
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
☐
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
☐
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
_______________________________
Securities registered pursuant to Section 12(b) of the Act:
Title of Each Class
Trading Symbol(s)
Name of Each Exchange on Which Registered
Common stock, par value $0.001 per share
FIVN
The NASDAQ Global Market
Indicated by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
Emerging Growth Company
☐
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐
Item 5.07 Submission of Matters to a Vote of Security Holders.
On May 16, 2023, Five9, Inc. (the "Company") held its 2023 annual meeting of stockholders (the "Annual Meeting"). At the Annual Meeting, the Company's stockholders (1) elected two directors to the Company's board of directors, (2) approved, on an advisory basis, the compensation of the Company's named executive officers and (3) ratified the appointment of KPMG LLP as the Company's independent registered public accounting firm for the fiscal year ending December 31, 2023. A total of 64,554,189 shares, or 90% of the Company's common stock outstanding as of the record date of March 20, 2023, were represented in person or by proxy at the Annual Meeting. The matters voted on by the Company's stockholders and the voting results are as follows:
1. Election of Directors. All two nominees for director were elected as Class III directors to the Company's board of directors to serve until the Company's 2026 annual meeting of stockholders or until their successors are duly elected and qualified.
Nominee
Shares For
Shares Withheld
Broker Non-Votes
Michael Burkland
56,936,346
2,744,650
4,873,193
Robert Zollars
38,847,191
20,833,805
4,873,193
2. Advisory vote on executive compensation. The Company's stockholders approved, on an advisory basis, the compensation of its named executive officers. The proposal received the following votes:
Shares For
Shares Against
Shares Abstained
Broker Non-Votes
33,981,822
25,646,983
52,191
4,873,193
3. Ratification of the appointment of KPMG LLP as the Company's independent registered public accounting firm for the fiscal year ending December 31, 2023.The appointment of KPMG LLP was ratified.
Shares For
Shares Against
Shares Abstained
64,205,766
307,955
40,468
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits
Exhibit No.
Description
104
The cover page from this Current Report on Form 8-K, formatted in Inline XBRL.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
Five9 Inc. published this content on 17 May 2023 and is solely responsible for the information contained therein. Distributed by Public, unedited and unaltered, on 17 May 2023 10:10:21 UTC.
Five9, Inc. (Five9) is a provider of cloud software for contact centers. The Company's purpose-built Virtual Contact Center (VCC) cloud platform delivers a suite of applications that enable the breadth of contact center-related customer service, sales, and marketing functions. Five9âs solution, which consists of its VCC cloud platform and applications, allows simultaneous management and optimization of customer interactions across voice, chat, e-mail, Web, social media and mobile channels, either directly or through its application programming interfaces (APIs). Five9âs VCC cloud platform matches each customer interaction with an appropriate agent resource and delivers relevant customer data to the agent in real-time through integration with enterprise applications, such as customer relationship management software, to optimize the customer experience and agent productivity. It provides its solution through a software as a service (SaaS) business model with recurring subscriptions.