SEC Form 4 · accession 0001123292-18-000676
VIVUS INC · VVUS
Statement of changes in beneficial ownership, as filed. Original on EDGAR ↗
A later amendment supersedes this filing — read the amendment. The figures below are kept as originally reported (version chain, not an overwrite).
Reporting owner
John P. Amos
Officer — Chief Executive Officer · Director
Period of report
Apr 30, 2018
Accepted (ET)
May 2, 2018 · 7:47 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 | $0.37 | Apr 30, 2018 | A | 2,700,000 | A | — | — | Common Stock | 2,700,000 | 2,700,000 | D |
| Employee Stock Option (right to buy)F3,F4 | $0.37 | Apr 30, 2018 | A | 200,000 | A | — | — | Common Stock | 200,000 | 200,000 | D |
Explanation of responses
- F1Awarded as an inducement grant of stock options pursuant to reporting person's offer letter dated April 30, 2018. One fourth (1/4th) of the total number of shares underlying the option vest on April 30, 2019, and one forty-eighth (1/48th) of the total number of shares underlying the option vest on a monthly basis thereafter, subject to the reporting person continuing to be a Service Provider (as defined in the Issuer's 2018 Inducement Equity Incentive Plan) on the relevant vesting dates.
- F2The option expires on the earlier of (a) April 30, 2025 and (b) the twelve (12) month anniversary of the date the reporting person ceases to be a Service Provider (as defined in the Issuer's 2018 Inducement Equity Incentive Plan).
- F3The total number of shares underlying the option will vest subject to satisfaction of a performance target involving the Issuer's market capitalization on or prior to April 30, 2021 and the reporting person continuing to be a Service Provider (as defined in the Issuer's 2010 Equity Incentive Plan) upon satisfaction of such target.
- F4The option expires on the earlier of (a) April 30, 2025 and (b) the twelve (12) month anniversary of the date the reporting person ceases to be a Service Provider (as defined in the Issuer's 2010 Equity Incentive Plan).