SEC Form 4 · accession 0001140361-17-010912

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

Mar 3, 2017

Accepted (ET)

Mar 7, 2017 · 5:18 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 Stock^F1,F2	Mar 3, 2017	S	1,700	$1.11	D	11,807,200	I	See Footnote
Common Stock^F1,F3	Mar 3, 2017	S	31,200	$1.105	D	11,776,000	I	See Footnote
Common Stock^F1,F4	Mar 6, 2017	S	10,000	$1.095	D	11,766,000	I	See Footnote
Common Stock^F1,F5	Mar 6, 2017	S	4,800	$1.10	D	11,761,200	I	See Footnote
Common Stock^F1,F6	Mar 7, 2017	S	105,100	$1.0747	D	11,656,100	I	See Footnote
Common Stock^F1,F7	Mar 7, 2017	S	40,000	$1.08	D	11,616,100	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 March 3, 2017 at a price of $1.1100, 1,572 shares were held for the account of the Master Fund, 128 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 March 3, 2017 at a price of $1.1050, 28,851 shares were held for the account of the Master Fund, 2,349 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 March 6, 2017 at a price of $1.0950, 9,247 shares were held for the account of the Master Fund, 753 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 March 6, 2017 at a price of $1.1000, 4,439 shares were held for the account of the Master Fund, 361 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.
F6Of the shares sold on March 7, 2017 at a price of $1.0747, 97,188 shares were held for the account of the Master Fund, 7,912 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.
F7Of the shares sold on March 7, 2017 at a price of $1.0800, 36,989 shares were held for the account of the Master Fund, 3,011 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 March 7, 2017, 10,118,013 shares were held for the account of the Master Fund 1,498,087 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.