-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, SG71QyXJP8gLZzX6Jvmb6GtFONMTo572QWZNrd5SMUU/LO7ArmKx1wF1kPSYmGn9 X43IZxICfn5sVonJGdet4w== 0000950103-10-000367.txt : 20100212 0000950103-10-000367.hdr.sgml : 20100212 20100212161713 ACCESSION NUMBER: 0000950103-10-000367 CONFORMED SUBMISSION TYPE: SC 13G/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20100212 DATE AS OF CHANGE: 20100212 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: VIVUS INC CENTRAL INDEX KEY: 0000881524 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 943136179 STATE OF INCORPORATION: CA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13G/A SEC ACT: 1934 Act SEC FILE NUMBER: 005-48777 FILM NUMBER: 10599588 BUSINESS ADDRESS: STREET 1: 1172 CASTRO ST STREET 2: STE 200 CITY: MOUNTAIN VIEW STATE: CA ZIP: 94040 BUSINESS PHONE: 6509345265 MAIL ADDRESS: STREET 1: 1172 CASTRO STREET CITY: MOUNTAIN VIEW STATE: CA ZIP: 94040 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: CHILTON INVESTMENT CO LLC CENTRAL INDEX KEY: 0001332632 IRS NUMBER: 870742367 STATE OF INCORPORATION: DE FILING VALUES: FORM TYPE: SC 13G/A BUSINESS ADDRESS: STREET 1: 1266 EAST MAIN STREET STREET 2: 7 FLOOR CITY: STAMFORD STATE: CT ZIP: 06902 BUSINESS PHONE: 203-352-4000 MAIL ADDRESS: STREET 1: 1266 EAST MAIN STREET STREET 2: 7 FLOOR CITY: STAMFORD STATE: CT ZIP: 06902 SC 13G/A 1 dp16475_sc13ga6-vivus.htm FORM SC13G/A
 

 
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
 
SCHEDULE 13G
(Rule 13d-102)

INFORMATION TO BE INCLUDED IN STATEMENTS FILED PURSUANT
TO RULES 13d-1(b), (c) AND (d) AND AMENDMENTS THERETO FILED
PURSUANT TO RULE 13d-2(b)
(Amendment No. 6)*
 
 
Vivus, Inc.
(Name of Issuer)
 
 
Common Stock, $.001 par value per share
(Title of Class of Securities)
     
     
 
 928551100
 
(CUSIP Number)
 
 
 December 31, 2009
(Date of Event which Requires Filing of this Statement)
 
Check the appropriate box to designate the rule pursuant to which this Schedule is filed:
 
  x Rule 13d-1(b)
     
  o Rule 13d-1(c)
     
  o Rule 13d-1(d) 
 
*The remainder of this cover page shall be filled out for a reporting person’s initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter the disclosures provided in a prior cover page.
 
The information required in the remainder of this cover page shall not be deemed to be “filed” for the purpose of Section 18 of the Securities Exchange Act of 1934 or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes).


 
 CUSIP No.  928551100
 
13G
 Page 2 of 3 Pages
 
1
NAMES OF REPORTING PERSONS
I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY)
 
Chilton Investment Company, LLC
87-0742367
 
2
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (See Instructions)
 
 
(a)
o
 
(b)
x
3
SEC USE ONLY
 
 
 
4
CITIZENSHIP OR PLACE OF ORGANIZATION
 
State of Delaware
 
NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH
REPORTING
PERSON
WITH
5.
SOLE VOTING POWER
7,208,569
 
6.
SHARED VOTING POWER
0
 
7.
SOLE DISPOSITIVE POWER
7,208,569
 
8.
SHARED DISPOSITIVE POWER
0
 
9.
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
7,208,569
 
10.
CHECK IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES (See Instructions)
 
11.
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)
8.9%
 
12.
TYPE OF REPORTING PERSON (See Instructions)
IA
 


 
 CUSIP No.  928551100
 
13G
 Page 3 of 3 Pages
 
Pursuant to Rule 13d-2(b) of Regulation 13D-G under the Securities Exchange Act of 1934, as amended, the Schedule 13G initially filed on February 14, 2005 by Chilton Investment Company, Inc. with respect to the Common Stock, $0.001 par value (the “Common Stock”), of Vivus, Inc., a Delaware corporation (the “Schedule 13G”), as amended by Amendment No. 1 to the Schedule 13G filed on February 14, 2006 by Chilton Investment Company, LLC (the “Reporting Person”), Amendment No. 2 to the Schedule 13G filed on June 9, 2006, Amendment No. 3 to the Schedule 13G filed on February 14, 2007 and Amendment No. 4 to the Schedule 13G filed on February 14, 2008 and Amendment No. 5 to the Schedule 13G filed on February 13, 2009, is hereby amended by this Amendment No. 6 to the Schedule 13G to report a change in the information reported in the Schedule 13G.  The Schedule 13G is hereby amended as follows:
 
Item 4 is hereby amended and restated in its entirety to read:
 
Item 4.
Ownership.
 
(a)           Amount beneficially owned:  7,208,569 shares
 
(b)           Percent of class:   8.9%
 
(c)           Number of shares as to which the person has:
 
(i)           Sole power to vote or to direct the vote:  7,208,569
(ii)          Shared power to vote or to direct the vote:  0
(iii)         Sole power to dispose or to direct the disposition of:  7,208,569
(iv)         Shared power to dispose or to direct the disposition of:  0

 
SIGNATURE
 
After reasonable inquiry and to the best of my knowledge and belief, I certify that the information set forth in this statement is true, complete and correct.
 
 
Date:  February 12, 2010
 
 
Chilton Investment Company, LLC
 
       
       
By:
/s/ James Steinthal
 
  Name:
James Steinthal
 
  Title:
Executive Vice President
 
 
 
 

-----END PRIVACY-ENHANCED MESSAGE-----