0001123292-17-001340.txt : 20170810 0001123292-17-001340.hdr.sgml : 20170810 20170810161956 ACCESSION NUMBER: 0001123292-17-001340 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20170808 FILED AS OF DATE: 20170810 DATE AS OF CHANGE: 20170810 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: ROSENMAN HERM CENTRAL INDEX KEY: 0001230057 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-33389 FILM NUMBER: 171021692 MAIL ADDRESS: STREET 1: GEN-PROBE INCORPORATED STREET 2: 10210 GENETIC CENTER DRIVE CITY: SAN DIEGO STATE: CA ZIP: 92121 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: 900 E. HAMILTON AVENUE STREET 2: SUITE 550 CITY: CAMPBELL STATE: CA ZIP: 95008 BUSINESS PHONE: 6509345200 MAIL ADDRESS: STREET 1: 900 E. HAMILTON AVENUE STREET 2: SUITE 550 CITY: CAMPBELL STATE: CA ZIP: 95008 4 1 edgar.xml PRIMARY DOCUMENT X0306 4 2017-08-08 0000881524 VIVUS INC VVUS 0001230057 ROSENMAN HERM C/O VIVUS, INC. 900 E. HAMILTON AVE., SUITE 550 CAMPBELL CA 95008 1 0 0 0 Common Stock 2017-08-08 4 M 0 12500 A 57977 D Common Stock 2017-08-08 4 D 0 4403 1.01 D 53574 D Restricted Stock Units 2017-08-08 4 M 0 12500 0 D Common Stock 12500 12500 D Restricted stock units converted into VIVUS, Inc. common stock on a 1-for-1 basis. The reporting person did not sell or otherwise dispose of any of the shares reported on this Form 4 for any reason other than by way of forfeiture to VIVUS, Inc. in order to cover estimated tax liability. The restricted stock units (RSUs) vest according to the following schedule: Commencing on November 8, 2016, 1/4th of the total restricted stock units originally granted shall vest on each of February 8, 2017, May 8, 2017, August 8, 2017 and November 8, 2017; provided, however, that (a) if the next annual stockholder meeting occurs prior to November 8, 2017 and the individual has remained a Service Provider (as defined in the VIVUS, Inc. 2010 Equity Incentive Plan), the vesting of the RSUs shall accelerate in full as of the date of the next annual meeting and (b) if the individual ceases to be a Service Provider (other than removal for cause) prior to any of the foregoing vesting dates, then 1/12th of the shares underlying the RSUs shall accelerate for each month elapsed from the most recent vesting date until the month in which the individual (i) ceases to be a Service Provider and (ii) has remained a Service Provider through at least the 8th day of such month. /s/ Julie Hollenback, Attorney-in-Fact 2017-08-10