Latham & Watkins Advises on Five9’s Upsized US$747.5 Million Convertible Senior Notes Offering

On March 1, 2024, Five9, Inc. (NASDAQ: FIVN), the Intelligent CX Platform provider, closed an upsized offering of US$747.5 million aggregate principal amount of 1.00% convertible senior notes due 2029 in a private placement to qualified institutional buyers pursuant to Rule 144A under the Securities Act of 1933, which included the full exercise of the initial purchasers’ option to purchase an additional US$97.5 million aggregate principal amount of the notes.

Latham & Watkins LLP represented the initial purchasers in the offering with a corporate team led by Bay Area partner Rick Kline, New York/Los Angeles partner Greg Rodgers, and Los Angeles partner Arash Aminian Baghai, with associates Sandy Kugbei, Andrew Bentz, Erin Gilgen, and Jacob Kempf. Advice was also provided on equity derivatives matters by New York partner Reza Mojtabaee-Zamani, with associates Jack Neff, Hera Liao, and Sloan Ungerman; on tax matters by New York partner Elena Romanova, with associate Gina Richards; on data privacy and cybersecurity matters by Houston/Austin counsel Robert Brown II; on intellectual property matters by New York partner Jeffrey Tochner, with associate Ece Gonulal; on sanctions matters by Washington D.C. counsel Andrew Galdes; and on anti-corruption matters by New York partner Matthew Salerno.