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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): February 5, 2025
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, CA 94583
(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 5.02 Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.
On February 7, 2025, Daniel Burkland and Five9, Inc. (the “Company”) entered into a six-month consulting agreement (the “Consulting Agreement”) with an effective date of March 8, 2025. Pursuant to the Consulting Agreement, Mr. D. Burkland will transition from the role of Executive Vice President, Go-to-Market Strategy to a consultant to the Company, where he will provide transition and advisory services in the areas of sales, marketing, partnerships and customer relationships. As consideration for his services, Mr. D. Burkland will be paid an hourly rate as set forth in the Consulting Agreement. The Consulting Agreement also contains customary terms including provisions regarding confidentiality and assignment of inventions.
The foregoing description of the Consulting Agreement does not purport to be complete and is qualified in its entirety by reference to its complete text, a copy of which has been attached as Exhibit 10.1 to this Current Report on Form 8-K and incorporated herein by reference.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits

Exhibit No. |  | Description
10.1 |  | Consulting Agreement between Five9, Inc. and Daniel Burkland, dated February 7, 2025.
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.
Date: February 11, 2025 |  |  |  |  |  | By: |  | /s/ Barry Zwarenstein
|  |  |  |  |  |  |  | Barry Zwarenstein
|  |  |  |  |  |  |  | Chief Financial Officer