Item 1.01 Entry into a Material Definitive Agreement

On July 29, 2020, Five9, Inc. (the "Company") entered into the Bishop Ranch Building Lease (the "Lease") with 2600 CR, LLC, a Delaware limited liability company (the "Landlord"). Pursuant to the Lease, the Company will lease from the Landlord approximately 104,253 square feet of office space located at 3001 Bishop Drive, Suites 250 and 350, San Ramon, CA (the "Premises"). The Company expects to use the Premises as its new corporate headquarters. The Lease will commence on February 1, 2021 and will continue for a period of 120 months. The initial monthly base rent will be $364,885.50, with periodic increases in accordance with the terms of the Lease, with eight months of rent abatement. In addition, the Company will be required to pay its proportionate share of building operating costs. As part of the Lease, the Company must provide a security deposit of $476.092.82. The Landlord will provide the Company with a tenant improvement allowance of $4,170,120.

The foregoing summary of the Lease does not purport to be complete and is qualified in its entirety by reference to the complete text of the Lease, which is attached hereto as Exhibit 10.1 and is incorporated herein by reference.

Item 5.03 Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year.



On July 31, 2020, the board of directors (the "Board") of the Company adopted
amended and restated bylaws of the Company (the "Amended and Restated Bylaws"),
effective immediately. The Amended and Restated Bylaws, among other things:
•Provide the Board with the right to recess a previously scheduled annual or
special meeting of stockholders;
•Limit the number of individuals that a stockholder may nominate for election to
the Board to the number of directorships that are available for election at the
annual or special meeting of stockholders;
•Clarify that any nominee must consent to being named in the Company's proxy
statement as well as being named in the associated proxy card as a nominee of a
stockholder;
•Require notice of the names of, among others, any person acting in concert with
a stockholder making a nomination or proposing business at an annual or special
meeting of stockholders;
•Clarify that special meetings of the Board may be called by a majority of the
directors then in office without a formal vote;
•Clarify who is considered an officer of the Company;
•Clarify that the Board may designate officers with titles other than the titles
expressly referenced in the Amended and Restated Bylaws and may delegate to such
other officers such powers as the Board or the Chief Executive Officer may from
time to time prescribe;
•Clarify the permitted methods of giving notice to stockholders; and
•Add a federal forum selection provision designating the federal district courts
of the United States as the exclusive forum for the resolution of any complaint
asserting a cause of action arising under the Securities Act of 1933, as
amended.

The foregoing summary of the Amended and Restated Bylaws does not purport to be
complete and is qualified in its entirety by reference to the complete text of
the Amended and Restated Bylaws, which are attached hereto as Exhibit 3.1 and
are incorporated herein by reference.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits

   Exhibit No.           Description

       3.1                 Amended and Restated Bylaws of Five9, Inc.
      10.1                 Bishop Ranch Building Lease, dated July     29    , 2020, between Five9,
                         Inc. and 2600 CR, LLC
       104               The cover page from this Current Report on Form 8-K, formatted in Inline
                         XBRL

--------------------------------------------------------------------------------

© Edgar Online, source Glimpses