0001140361-17-009476.txt : 20170227 0001140361-17-009476.hdr.sgml : 20170227 20170227174202 ACCESSION NUMBER: 0001140361-17-009476 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20170223 FILED AS OF DATE: 20170227 DATE AS OF CHANGE: 20170227 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 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: 17643528 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: 17643529 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: 17643530 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 2017-02-23 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 1 0 1 0 Common Stock 2017-02-23 4 S 0 150000 1.1601 D 12152000 I See Footnote Common Stock 2017-02-24 4 S 0 33000 1.1365 D 12119000 I See Footnote Common Stock 2017-02-27 4 S 0 107000 1.125 D 12012000 I See Footnote Common Stock 2017-02-27 4 S 0 43000 1.13 D 11969000 I See Footnote North Tide Capital, LLC ("North Tide") serves as investment manager for North Tide Capital Master, LP (the "Master Fund") and a managed account (the "Account"). 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. Of the shares sold on February 23, 2017, 138,707 shares were held for the account of the Master Fund, 11,293 shares were held for the account of the Account, and all of such shares may be deemed to have been beneficially owned by North Tide and Mr. Laughlin. Of the shares sold on February 24, 2017, 30,516 shares were held for the account of the Master Fund, 2,484 shares were held for the account of the Account, and all of such shares may be deemed to have been beneficially owned by North Tide and Mr. Laughlin. Of the shares sold on February 27, 2017 at a price of $1.125, 98,945 shares were held for the account of the Master Fund, 8,055 shares were held for the account of the Account, and all of such shares may be deemed to have been beneficially owned by North Tide and Mr. Laughlin. Of the shares sold on February 27, 2017 at a price of $1.13, 39,763 shares were held for the account of the Master Fund, 3,237 shares were held for the account of the Account, and all of such shares may be deemed to have been beneficially owned by North Tide and Mr. Laughlin. As of February 27, 2017, 10,444,345 shares were held for the account of the Master Fund, 1,524,655 shares were held for the account of the Account, and all of such shares may be deemed beneficially owned by North Tide and Mr. Laughlin. /s/ NORTH TIDE CAPITAL, LLC by Conan Laughlin, Manager 2017-02-27 /s/ NORTH TIDE CAPITAL MASTER, LP, by North Tide Capital GP, LLC, Conan Laughlin, Manager 2017-02-27 /s/ Conan Laughlin, Individually 2017-02-27