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‘Activist Takeover:’ Five9 Faces Boardroom Shake-Up as Anson Funds Gains the Upper Hand in High-Stakes Deal

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U.S. call center software company Five9 Inc. is close to reaching a settlement with Anson Funds Management following months of pressure from activist investors. Sources familiar with the matter revealed that the agreement, which could be announced as early as Monday, would grant Anson Funds portfolio manager Sagar Gupta a seat on the company’s nine-member board.

Activist Pressure Mounts on Five9

Five9 has been under increasing scrutiny from activist investors, including Anson Funds and Legion Partners, who have been vocal about their dissatisfaction with the company’s performance. Anson Funds, led by Chief Investment Officer Moez Kassam, began engaging with Five9 earlier this year after amassing a significant stake in the company. Legion Partners followed suit in October, also requesting a board seat.

Scaler Gauge, another investment firm supporting shareholder activism at Five9, has backed Gupta’s addition to the board, highlighting growing external pressure for significant changes in governance. These moves come as Five9’s market value has plunged to $3.2 billion, following a 44% drop in its stock price this year. However, recent signs of recovery have seen the stock climb 15% in the past month.

Sources note that the proposed settlement aims to align Five9’s leadership with shareholder expectations, ensuring strategic changes to improve performance and shareholder value.

Behind the Negotiations

Under the terms being discussed, Gupta’s appointment to the board would mark a key victory for Anson Funds, which has been ramping up its activism efforts. Gupta, who previously worked at Legion Partners, specializes in technology, media, and telecommunications investments. His addition to the board is seen as a step toward driving targeted changes within Five9.

Five9’s struggles have been compounded by its decision last year to reject an acquisition offer from Zoom Video Communications, a deal that could have potentially stabilized the company’s financial outlook. With stronger third-quarter revenue and reduced net losses reported in November, Five9 has demonstrated resilience but remains under pressure to execute long-term growth strategies.

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