SEC Form 4 · accession 0001123292-18-000756
VIVUS INC · VVUS
Statement of changes in beneficial ownership, as filed. Original on EDGAR ↗
Reporting owner
Herm Rosenman
Director
Period of report
May 21, 2018
Accepted (ET)
May 23, 2018 · 5:05 pm EDT
Rule 10b5-1 plan
unknown — predates the checkbox
Issuer CIK
0000881524
Table I — non-derivative securities
| Security | Date | Code | Shares | Price | A/D | Owned after | D/I | Nature of ownership |
|---|---|---|---|---|---|---|---|---|
| Common Stock | May 21, 2018 | M | 75,000 | $0.70 | A | 136,671 | D | |
| Common StockF1 | May 21, 2018 | P | 100,000 | $0.81 | A | 236,671 | D |
Table II — derivative securities
| Security | Conv. / exercise price | Date | Code | Shares | A/D | Exercisable | Expires | Underlying | Underlying shares | Owned after | D/I |
|---|---|---|---|---|---|---|---|---|---|---|---|
| Non-Qualified Stock Option (right to buy)F2 | $0.70 | May 21, 2018 | M | 75,000 | D | — | Oct 27, 2024 | Common Stock | 75,000 | 75,000 | D |
Explanation of responses
- F1The price reported in Column 4 is the weighted average price. The shares were purchased in multiple transactions at prices ranging from $0.7839 to $0.8248, inclusive. The Reporting Person undertakes to provide to the Issuer, any security holder of the Issuer or the staff of the Securities and Exchange Commission, upon request, full information regarding the number of shares purchased at each separate price.
- F2One twelfth (1/12th) of the total number of shares subject to the option shall vest and become exercisable on the 27th of each month following October 27, 2017, subject to such individual continuing to be a Service Provider (as defined in the 2010 Equity Incentive Plan) on the relevant vesting dates.