SEC Form 4 · accession 0001140361-16-059697
VIVUS INC · VVUS
Statement of changes in beneficial ownership, as filed. Original on EDGAR ↗
Reporting owners
NORTH TIDE CAPITAL, LLC
10% Owner
Conan Laughlin
10% Owner
North Tide Capital Master, LP
10% Owner
Period of report
Mar 29, 2016
Accepted (ET)
Mar 31, 2016 · 5:15 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 StockF1,F2,F3 | Mar 29, 2016 | P | 11,000 | $1.1312 | A | 13,213,000 | I | See Footnote |
| Common StockF1,F2,F3 | Mar 29, 2016 | P | 100,000 | $1.214 | A | 13,313,000 | I | See Footnote |
| Common StockF1,F2,F3 | Mar 30, 2016 | P | 100,000 | $1.2545 | A | 13,413,000 | I | See Footnote |
| Common StockF1,F2,F3 | Mar 31, 2016 | P | 172,300 | $1.3594 | A | 13,585,300 | I | See Footnote |
Table II — derivative securities
No Table II lines on this filing.
Explanation of responses
- F1Shares 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.
- F2Of 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.
- F3Each 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.