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Filing Details

Accession Number:: 0001140361-17-007988
Form Type:: 4
Zero Holdings:: No
Publication Time:: 2017-02-16 17:35:12
Reporting Period:: 2017-02-14

Filing Date:: 2017-02-16
Accepted Time:: 2017-02-16 17:35:12
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	Director	Officer	Large Shareholder	Other
1557543	North Tide Capital, Llc	500 Boylston Street Suite 1860 Boston MA 02116	No	No	Yes	No
1594068	Conan Laughlin	500 Boylston Street Suite 1860 Boston MA 02116	Yes	No	Yes	No
1594882	North Tide Capital Master, Lp	500 Boylston Street Suite 1860 Boston MA 02116	No	No	Yes	No

Reported Non-Derivative Transactions

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Sec. Name	Acquisiton - Disposition	Date	Amount	Price	Remaning Holdings	Equity Swap Involved	Form Type	Code	Nature of Ownership	Explanation
Common Stock	Disposition	2017-02-14	115,000	$1.10	12,653,890	No	4	S	Indirect	See Footnote
Common Stock	Disposition	2017-02-15	40,090	$1.11	12,613,800	No	4	S	Indirect	See Footnote
Common Stock	Disposition	2017-02-16	20,000	$1.11	12,593,800	No	4	S	Indirect	See Footnote
Common Stock	Disposition	2017-02-16	130,000	$1.10	12,463,800	No	4	S	Indirect	See Footnote

Equity Swap Involved	Form Type	Code	Nature of Ownership	Explanation
No	4	S	Indirect	See Footnote
No	4	S	Indirect	See Footnote
No	4	S	Indirect	See Footnote
No	4	S	Indirect	See Footnote

Footnotes

North Tide Capital, LLC ("North Tide") serves as investment manager for North Tide Capital Master, LP (the "Master Fund") and a managed account (the "Account"). Each of the Reporting Persons disclaims beneficial ownership of the shares reported herein except to the extent of its or his pecuniary interest therein, and the filing of this Form 4 shall not be construed as an admission that any of the Reporting Persons is the beneficial owner of any such shares for purposes of Section 16(a) of the Securities Exchange Act of 1934 or for any other purpose.
Of the shares sold on February 14, 2017, 106,342 shares were held for the account of the Master Fund, 8,658 shares were held for the Account of the Account, and all of such shares may be deemed to have been beneficially owned by North Tide and Mr. Laughlin.
Of the shares sold on February 15, 2017, 37,072 shares were held for the account of the Master Fund, 3,018 shares were held for the Account of the Account, and all of such shares may be deemed to have been beneficially owned by North Tide and Mr. Laughlin.
Of the shares sold on February 16, 2017 at a price of $1.1125, 18,494 shares were held for the account of the Master Fund, 1,506 shares were held for the account of the Account, and all of such shares may be deemed to have been beneficially owned by North Tide and Mr. Laughlin.
Of the shares sold on February 16, 2017 at a price of $1.1, 120,213 shares were held for the account of the Master Fund, 9,787 shares were held for the account of the Account, and all of such shares may be deemed to have been beneficially owned by North Tide and Mr. Laughlin. As of February 16, 2017, 10,901,895 shares were held for the account of the Master Fund, 1,561,905 shares were held for the account of the Account, and all of such shares may be deemed beneficially owned by North Tide and Mr. Laughlin.