Vivus, Inc.
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||
(Name of Issuer)
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||
Common Stock, $.001 par value per share
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||
(Title of Class of Securities)
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||
928551100
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||
(CUSIP Number)
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||
December 31, 2011
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||
(Date of Event which Requires Filing of this Statement)
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x |
Rule 13d-1(b)
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o
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Rule 13d-1(c)
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o
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Rule 13d-1(d)
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CUSIP No. 928551100
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13G
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Page 2 of 3 Pages
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1.
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NAMES OF REPORTING PERSONS
I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY)
Chilton Investment Company, LLC
87-0742367
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||
2.
|
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (See Instructions)
(a) o
(b) x
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3.
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SEC USE ONLY
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||
4.
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CITIZENSHIP OR PLACE OF ORGANIZATION
State of Delaware
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||
NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH
REPORTING
PERSON
WITH
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5.
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SOLE VOTING POWER
8,617,659
|
|
6.
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SHARED VOTING POWER
0
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7.
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SOLE DISPOSITIVE POWER
8,617,659
|
||
8.
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SHARED DISPOSITIVE POWER
0
|
||
9.
|
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
8,617,659
|
||
10.
|
CHECK IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES (See Instructions)
o
|
||
11.
|
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)
9.7%
|
||
12.
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TYPE OF REPORTING PERSON (See Instructions)
IA
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CUSIP No. 928551100
|
13G
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Page 3 of 3 Pages
|
Pursuant to Rule 13d-2(b) of Regulation 13D-G under the Securities Exchange Act of 1934, as amended, the Schedule 13G initially filed on February 14, 2005 by Chilton Investment Company, Inc. with respect to the Common Stock, $0.001 par value (the “Common Stock”), of Vivus, Inc., a Delaware corporation (the “Schedule 13G”), as amended by Amendment No. 1 to the Schedule 13G filed on February 14, 2006 by Chilton Investment Company, LLC (the “Reporting Person”), Amendment No. 2 to the Schedule 13G filed on June 9, 2006, Amendment No. 3 to the Schedule 13G filed on February 14, 2007, Amendment No. 4 to the Schedule 13G filed on February 14, 2008, Amendment No. 5 to the Schedule 13G filed on February 13, 2009, Amendment No. 6 to the Schedule 13G filed on February 12, 2010 and Amendment No. 7 to the Schedule 13G filed on February 14, 2011, is hereby amended by this Amendment No. 8 to the Schedule 13G to report a change in the information reported in the Schedule 13G. The Schedule 13G is hereby amended as follows:
Item 4 is hereby amended and restated in its entirety to read:
|
|
Item 4.
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Ownership.
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(a) Amount beneficially owned: 8,617,659 shares
|
|
(b) Percent of class: 9.7%
|
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(c) Number of shares as to which the person has:
|
|
(i) Sole power to vote or to direct the vote: 8,617,659
(ii) Shared power to vote or to direct the vote: 0
(iii) Sole power to dispose or to direct the disposition of: 8,617,659
(iv) Shared power to dispose or to direct the disposition of: 0
|
Chilton Investment Company, LLC
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|||
By:
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/s/ James Steinthal
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||
Name:
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James Steinthal
|
||
Title:
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Executive Vice President
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