UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM
CURRENT REPORT
Pursuant to Section 13 or 15(d)
of the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported):
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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:
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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. ☐
Explanatory Note
All Items of the Original Form 8-K other than Item 9.01 of the Original Form 8-K are unaffected by this Amendment and such Items have not been included herein. No substantive revisions have been made to the Original Form 8-K or to the exhibits filed therewith. This Amendment does not reflect events occurring after the filing date of the Original Form 8-K, or modify or update disclosures in the Original Form 8-K, except as to update and replace the exhibits included in the Original Form 8-K.
| Item 9.01 | Financial Statements and Exhibits |
(d) Exhibits. The following documents are included as exhibits to this report:
| Exhibit |
Description | |
| 4.1 | Indenture, dated as of December 4, 2020, by and between LivePerson, Inc. and U.S. Bank National Association, as Trustee. | |
| 4.2 | Form of 0% Convertible Senior Notes due 2026 (included within the Indenture filed as Exhibit 4.1). | |
| 10.1 | Form of Base Capped Call Transaction Confirmation. | |
| 10.2 | Form of Additional Capped Call Transaction Confirmation. | |
| 104 | Cover Page Interactive Data File (embedded within the Inline XBRL document). | |
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
| LIVEPERSON, INC. | ||
| By: | /s/ Monica L. Greenberg | |
| Monica L. Greenberg | ||
| Executive Vice President of Policy and General Counsel | ||
Date: December 10, 2020