0001140361-16-059697.txt : 20160331
0001140361-16-059697.hdr.sgml : 20160331
20160331171541
ACCESSION NUMBER: 0001140361-16-059697
CONFORMED SUBMISSION TYPE: 4
PUBLIC DOCUMENT COUNT: 1
CONFORMED PERIOD OF REPORT: 20160329
FILED AS OF DATE: 20160331
DATE AS OF CHANGE: 20160331
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: 161544069
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: 161544070
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: 161544071
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
2016-03-29
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
2016-03-29
4
P
0
11000
1.1312
A
13213000
I
See Footnote
Common Stock
2016-03-29
4
P
0
100000
1.2140
A
13313000
I
See Footnote
Common Stock
2016-03-30
4
P
0
100000
1.2545
A
13413000
I
See Footnote
Common Stock
2016-03-31
4
P
0
172300
1.3594
A
13585300
I
See Footnote
Shares reported herein represent: as of March 29, 2016, (i) 11,734,750 shares held by North Tide Capital Master, LP (the "Master Fund") and (ii) 1,578,250 shares held by a managed account (the "Account); as of March 30, 2016, (i) 11,809,750 shares held by the Master Fund and (ii) 1,603,250 shares held by the Account. North Tide Capital, LLC ("North Tide") serves as investment manager for the Master Fund and the Account; and as of March 31, 2016, (i) 11,938,975 shares held by the Master Fund and (ii) 1,646,325 shares held by the Account. Mr. Laughlin serves as manager of North Tide.
Of the shares purchased on March 29, 2016 at a price of $1.1323 per share, 8,250 shares were held for the account of the Master Fund, 2,750 shares were held for the account of the Account; and of the shares purchased on March 29, 2016 at a price of $1.214 per share, 75,000 shares were held for the account of the Master Fund, 25,000 shares were held for the account of the Account. Of the shares purchased on March 30, 2016, 75,000 shares were held for the account of the Master Fund, 25,000 shares were held for the account of the Account. Of the shares purchased on March 31, 2016, 129,225 shares were held for the account of the Master Fund, 43,075 shares were held for the account of the Account. All of such shares may be deemed beneficially owned by North Tide and Mr. Laughlin.
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.
/s/ NORTH TIDE CAPITAL MASTER, LP, by North Tide Capital GP, LLC, Conan Laughlin, Manager
2016-03-31
/s/ NORTH TIDE CAPITAL, LLC by Conan Laughlin, Manager
2016-03-31
/s/ Conan Laughlin, Individually
2016-03-31