Filing Details

Accession Number:
0001104659-13-083704
Form Type:
4
Zero Holdings:
No
Publication Time:
2013-11-12 17:08:40
Reporting Period:
2013-11-08
Filing Date:
2013-11-12
Accepted Time:
2013-11-12 17:08:40
SEC Url:
Form 4 Filing
Issuer
Cik Name Symbol Sector (SIC) IRS No
881524 Vivus Inc VVUS Pharmaceutical Preparations (2834) 943136179
Insiders
Cik Name Reported Address Insider Title Director Officer Large Shareholder Other
1361754 J Alexander Denner C/O Sarissa Capital Management Lp
660 Steamboat Road, 3Rd Floor
Greenwich CT 06830
Yes No No No
Reported Non-Derivative Transactions
Sec. Name Acquisiton - Disposition Date Amount Price Remaning Holdings Equity Swap Involved Form Type Code Nature of Ownership Explanation
Common Stock Acquisiton 2013-11-08 417,068 $8.52 2,424,167 No 4 P Indirect See footnotes
Common Stock Acquisiton 2013-11-11 149,776 $8.78 2,573,943 No 4 P Indirect See footnotes
Equity Swap Involved Form Type Code Nature of Ownership Explanation
No 4 P Indirect See footnotes
No 4 P Indirect See footnotes
Footnotes
  1. On November 8, 2013, Sarissa Capital Domestic Fund LP, a Delaware limited partnership ("Sarissa Domestic"), purchased an aggregate of 417,068 shares of common stock of VIVUS, Inc.
  2. On November 11, 2013, Sarissa Domestic purchased an aggregate of 140,961 shares of common stock of VIVUS, Inc. and Sarissa Capital Offshore Master Fund LP, a Cayman Islands exempted limited partnership ("Sarissa Offshore"), purchased an aggregate of 8,815 shares of common stock of VIVUS, Inc.
  3. Of these shares, Sarissa Domestic directly beneficially owns 1,540,505 shares and Sarissa Offshore directly beneficially owns 1,033,438 shares. Sarissa Offshore and Sarissa Domestic are collectively referred to herein as the "Sarissa Funds".
  4. Sarissa Capital Management GP LLC, a Delaware limited liability company ("Sarissa Capital GP"), is the general partner of Sarissa Capital Management LP, a Delaware limited partnership ("Sarissa Capital"), the investment advisor to the Sarissa Funds. Dr. Denner is the Chief Investment Officer of Sarissa Capital and the managing member of Sarissa Capital GP. By virtue of the foregoing, Dr. Denner may be deemed to indirectly beneficially own (as that term is defined in Rule 13d-3 of the Securities Exchange Act of 1934, as amended) the shares that the Sarissa Funds directly beneficially own.
  5. Dr. Denner disclaims beneficial ownership of the shares being reported on this Form 4 except to the extent of his pecuniary interest therein.