0001140361-16-058060.txt : 20160316 0001140361-16-058060.hdr.sgml : 20160316 20160316165204 ACCESSION NUMBER: 0001140361-16-058060 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20160314 FILED AS OF DATE: 20160316 DATE AS OF CHANGE: 20160316 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: 351 E. EVELYN AVENUE CITY: MOUNTAIN VIEW STATE: CA ZIP: 94041 BUSINESS PHONE: 6509345200 MAIL ADDRESS: STREET 1: 351 E. EVELYN AVENUE CITY: MOUNTAIN VIEW STATE: CA ZIP: 94041 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Laughlin Conan CENTRAL INDEX KEY: 0001594068 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-33389 FILM NUMBER: 161510287 MAIL ADDRESS: STREET 1: C/O NORTH TIDE CAPITAL, LLC STREET 2: 500 BOYLSTON STREET, SUITE 1860 CITY: BOSTON STATE: MA ZIP: 02116 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: North Tide Capital Master, LP CENTRAL INDEX KEY: 0001594882 STATE OF INCORPORATION: E9 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-33389 FILM NUMBER: 161510288 BUSINESS ADDRESS: STREET 1: C/O NORTH TIDE CAPITAL, LLC STREET 2: 500 BOYLSTON STREET, SUITE 1860 CITY: BOSTON STATE: MA ZIP: 02116 BUSINESS PHONE: (617) 449-3130 MAIL ADDRESS: STREET 1: C/O NORTH TIDE CAPITAL, LLC STREET 2: 500 BOYLSTON STREET, SUITE 1860 CITY: BOSTON STATE: MA ZIP: 02116 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: NORTH TIDE CAPITAL, LLC CENTRAL INDEX KEY: 0001557543 STATE OF INCORPORATION: MA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-33389 FILM NUMBER: 161510289 BUSINESS ADDRESS: STREET 1: 500 BOYLSTON STREET STREET 2: SUITE 1860 CITY: BOSTON STATE: MA ZIP: 02116 BUSINESS PHONE: 617-449-3120 MAIL ADDRESS: STREET 1: 500 BOYLSTON STREET STREET 2: SUITE 1860 CITY: BOSTON STATE: MA ZIP: 02116 4 1 doc1.xml FORM 4 X0306 4 2016-03-14 0 0000881524 VIVUS INC VVUS 0001557543 NORTH TIDE CAPITAL, LLC 500 BOYLSTON STREET SUITE 1860 BOSTON MA 02116 0 0 1 0 0001594882 North Tide Capital Master, LP 500 BOYLSTON STREET SUITE 1860 BOSTON MA 02116 0 0 1 0 0001594068 Laughlin Conan 500 BOYLSTON STREET SUITE 1860 BOSTON MA 02116 0 0 1 0 Common Stock 2016-03-14 4 P 0 98540 1.2127 A 12598540 I See Footnotes Common Stock 2016-03-15 4 P 0 250000 1.2118 A 12848540 I See Footnotes Common Stock 2016-03-15 4 P 0 460 1.2110 A 12849000 I See Footnotes Common Stock 2016-03-16 4 P 0 151000 1.1966 A 13000000 I See Footnotes Shares reported herein represent: as of March 14, 2016, (i) 11,500,000 shares held by North Tide Capital Master, LP (the "Master Fund") and (ii) 1,098,540 shares held by a managed account (the "Account); as of March 15, 2016, (i) 11,500,000 shares held by the Master Fund and (ii) 1,349,000 shares held by the Account; and as of March 16, 2016, (i) 11,500,000 shares held by the Master Fund and (ii) 1,500,000 shares held by the Account. North Tide Capital, LLC ("North Tide") serves as investment manager for the Master Fund and the Account. Mr. Laughlin serves as manager of North Tide. 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. Transaction effected by the Account. /s/ NORTH TIDE CAPITAL MASTER, LP, by North Tide Capital GP, LLC, Conan Laughlin, Manager 2016-03-16 /s/ NORTH TIDE CAPITAL, LLC by Conan Laughlin, Manager 2016-03-16 /s/ Conan Laughlin, Individually 2016-03-16