SEC Form 4 · accession 0001140361-17-009476
VIVUS INC · VVUS
Statement of changes in beneficial ownership, as filed. Original on EDGAR ↗
Reporting owners
NORTH TIDE CAPITAL, LLC
10% Owner
Conan Laughlin
Director · 10% Owner
North Tide Capital Master, LP
10% Owner
Period of report
Feb 23, 2017
Accepted (ET)
Feb 27, 2017 · 5:42 pm EST
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 | Feb 23, 2017 | S | 150,000 | $1.1601 | D | 12,152,000 | I | See Footnote |
| Common StockF1,F3 | Feb 24, 2017 | S | 33,000 | $1.1365 | D | 12,119,000 | I | See Footnote |
| Common StockF1,F4 | Feb 27, 2017 | S | 107,000 | $1.125 | D | 12,012,000 | I | See Footnote |
| Common StockF1,F5 | Feb 27, 2017 | S | 43,000 | $1.13 | D | 11,969,000 | I | See Footnote |
Table II — derivative securities
No Table II lines on this filing.
Explanation of responses
- F1North 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.
- F2Of 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.
- F3Of 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.
- F4Of 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.
- F5Of 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.