Document


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 15, 2017 
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.)
(IRS Employer
Identification No.)
 
 
Bishop Ranch 8
4000 Executive Parkway, Suite 400
San Ramon, California 94583
(Address of principal executive offices and 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:
o
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Indicate 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 15, 2017, Five9, Inc. (the “Company”) held its 2017 annual meeting of stockholders (the “Annual Meeting”) at which two proposals were considered. At the Annual Meeting, the Company’s stockholders (i) elected three directors to the Company’s board of directors and (ii) ratified the appointment of KPMG LLP as the Company’s independent registered public accounting firm for the fiscal year ending December 31, 2017. A total of 50,790,657 shares of the Company’s common stock, or 93% of the outstanding shares of common stock, 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 three nominees for director were elected as Class III directors to the Company’s board of directors to serve until the Company’s 2020 annual meeting of stockholders or until their successors are duly elected and qualified.
 
Nominee
 
Shares For
 
Shares Withheld
 
Broker Non-Votes
 
Kimberly Alexy
 
30,740,265

 
 
14,803,885

 
 
5,246,507

 
 
Michael Burkland
 
34,554,504

 
 
10,989,646

 
 
5,246,507

 
 
Robert Zollars
 
32,542,418

 
 
13,001,732

 
 
5,246,507

 
2. Ratification of the appointment of KPMG LLP as the Company’s independent registered public accounting firm for the fiscal year ending December 31, 2017. The appointment of KPMG LLP was ratified.
Shares For
 
Shares Against
 
Shares Abstained
50,778,404

 
 
12,151

 
 
102

 







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.
 
 
 
 
 
Date: May 16, 2017
 
 
 
 
 
By:
/s/ Barry Zwarenstein
 
 
 
 
 
 
 
Barry Zwarenstein
 
 
 
 
 
 
 
Chief Financial Officer