SEC Form 4/A · accession 0001123292-16-002785
VIVUS INC · VVUS
Statement of changes in beneficial ownership, as filed. Original on EDGAR ↗
This is an amendment (Form 4/A). It replaces an earlier filing for the same period.
Reporting owner
Seth H. Z. Fischer
Officer — Chief Executive Officer · Director
Period of report
Jan 22, 2016
Accepted (ET)
Sep 28, 2016 · 6:25 pm EDT
Rule 10b5-1 plan
unknown — predates the checkbox
Issuer CIK
0000881524
Table I — non-derivative securities
No Table I lines on this filing.
Table II — derivative securities
| Security | Conv. / exercise price | Date | Code | Shares | A/D | Exercisable | Expires | Underlying | Underlying shares | Owned after | D/I |
|---|---|---|---|---|---|---|---|---|---|---|---|
| Employee Stock Option (right to buy)F1,F2 | $1.06 | Jan 22, 2016 | A | 1,000,000 | A | — | Jan 22, 2023 | Common Stock | 1,000,000 | 1,000,000 | D |
Explanation of responses
- F1The original Form 4 for the transaction, filed on January 26, 2016, is being amended in connection with the terms of a Stock Option Acknowledgement entered into between VIVUS, Inc. and Mr. Fischer on September 26, 2016, whereby the portion of the original January 22, 2016 stock option grant, that was erroneously issued in excess of the limitations under the VIVUS, Inc. 2010 Equity Inventive Plan, was cancelled.
- F2Twenty-five percent (25%) of the total number of shares underlying the option shall vest and become exercisable on January 22, 2017, and one forty-eighth (1/48th) of the total number of shares underlying the option will vest and become exercisable on the 22nd of each month thereafter, subject to such individual continuing to be a Service Provider (as defined in the VIVUS, Inc. 2010 Equity Incentive Plan) on the relevant vesting dates.