-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, AHo7hkXNBpA3c5YZdiUpXWl+qtc24RUw93R5xnJV/I200qtK2tVoM0lZvFTRU8RW 5M9X/fE6UMXTwkVfRXcV5w== 0001104659-10-002304.txt : 20100120 0001104659-10-002304.hdr.sgml : 20100120 20100120185327 ACCESSION NUMBER: 0001104659-10-002304 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20100115 FILED AS OF DATE: 20100120 DATE AS OF CHANGE: 20100120 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: VIVUS INC CENTRAL INDEX KEY: 0000881524 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 943136179 STATE OF INCORPORATION: CA FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 1172 CASTRO ST STREET 2: STE 200 CITY: MOUNTAIN VIEW STATE: CA ZIP: 94040 BUSINESS PHONE: 6509345265 MAIL ADDRESS: STREET 1: 1172 CASTRO STREET CITY: MOUNTAIN VIEW STATE: CA ZIP: 94040 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: PLACE VIRGIL A CENTRAL INDEX KEY: 0001251622 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-33389 FILM NUMBER: 10537319 MAIL ADDRESS: STREET 1: 1172 CASTRO STREET CITY: MOUNTAIN VIEW STATE: CA ZIP: 94040 4 1 a4.xml 4 X0303 4 2010-01-15 0 0000881524 VIVUS INC VVUS 0001251622 PLACE VIRGIL A 1172 CASTRO STREET MOUNTAIN VIEW CA 94040 1 1 0 0 Chief Scientific Officer Common Stock 2010-01-15 4 M 0 17500 4.8438 A 17502 D Common Stock 2010-01-15 4 F 0 12780 9.34 D 4722 D Common Stock 434049 I See footnote Common Stock 75728 I See footnote Common Stock 22800 I See footnote Common Stock 4300 I See footnote Common Stock 5020 I See footnote Employee Stock Option (right to buy) 4.8438 2010-01-15 4 M 0 17500 0 D 2010-01-19 Common Stock 17500 0 D Shares held directly by the Virgil A. Place Trust dated February 19, 1993 for which the Reporting Person serves as trustee. Shares held directly by the Reporting Person's spouse. Shares held directly by the Reporting Person as custodian for son. Shares held directly by the Reporting Person's son. Shares held directly by the Virgil A. Place Arboretum & Botanical Garden, Inc. The option is fully vested and immediately exercisable. /s/ Julie Hollenback, by power of attorney 2010-01-20 EX-24 2 ex-24.htm EX-24

Exhibit 24

POWER OF ATTORNEY

The undersigned, as a Section 16 reporting person of VIVUS, Inc. (the “Company”), hereby constitutes and appoints Timothy Morris, Lee B. Perry, John Slebir and Julie Hollenback the undersigned’s true and lawful attorneys-in-fact to:

1. complete and execute Forms 4 and 5 and other forms and all amendments thereto as such attorneys-in-fact shall in their discretion determine to be required or advisable pursuant to Section 16 of the Securities Exchange Act of 1934 (as amended) and the rules and regulations promulgated thereunder, or any successor laws and regulations, as a consequence of the undersigned’s ownership, acquisition or disposition of securities of the Company; and

2. do all acts necessary in order to file such forms with the Securities and Exchange Commission, any securities exchange or national association, the Company and such other person or agency as the attorneys-in-fact shall deem appropriate.

The undersigned hereby ratifies and confirms all that said attorneys-in-fact and agent shall do or cause to be done by virtue hereof. The undersigned acknowledges that the foregoing attorneys-in-fact, in serving in such capacity at the request of the undersigned, is not assuming, nor is the Company assuming, any of the undersigned’s responsibilities to comply with Section 16 of the Securities Exchange Act of 1934 (as amended).

This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Forms 4 and 5 with respect to the undersigned’s holdings of and transactions in securities issued by the Company, unless earlier revoked by the undersigned in a signed writing delivered to the Company and the foregoing attorneys-in-fact.

IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this 20th day of January, 2010.

	Signature:	/s/ Virgil A. Place

	Name:	Virgil A. Place

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