0000950155-15-000008.txt : 20150504 0000950155-15-000008.hdr.sgml : 20150504 20150504142040 ACCESSION NUMBER: 0000950155-15-000008 CONFORMED SUBMISSION TYPE: SC 13G/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20150504 DATE AS OF CHANGE: 20150504 GROUP MEMBERS: ADRIANUS VAN HERK 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: 15827781 BUSINESS ADDRESS: STREET 1: 351 E. EVELYN AVENUE CITY: MOUNTAIN VIEW STATE: CA ZIP: 94041 BUSINESS PHONE: 6509345200 MAIL ADDRESS: STREET 1: 351 E. EVELYN AVENUE CITY: MOUNTAIN VIEW STATE: CA ZIP: 94041 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: van Herk Adrianus CENTRAL INDEX KEY: 0001510645 FILING VALUES: FORM TYPE: SC 13G/A MAIL ADDRESS: STREET 1: LICHTENAUERLAAN 30 CITY: ROTTERDAM STATE: P7 ZIP: 3062 ME SC 13G/A 1 e65821062frm13ga.htm SCHEDULE 13G/A e65821062frm13ga.htm
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
 
 
SCHEDULE 13G
 
 
Under the Securities Exchange Act of 1934
(Amendment No. 1)*

 
Vivus, Inc.
(Name of Issuer)
 
Common Stock, par value $0.001 per share
(Title of Class of Securities)
 
 
928551100
  
 
(CUSIP Number)
  
     
 
 
April 22, 2015
  
(Date of Event Which Requires Filing of this Statement)
 
Check the appropriate box to designate the rule pursuant to which this Schedule 13G is filed:
 
[  ]  Rule 13d-1(b)
[x]  Rule 13d-1(c)
[  ]  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 disclosure 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 (“Act”) 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. 88160R 101
13G
Page 2 of 6 Pages
 
1
NAME OF REPORTING PERSON   I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (entities only):
 
Adrianus van Herk
 
2
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (See Instructions)
 
(a)  o
(b)  o
3
SEC USE ONLY
 
 
4
CITIZENSHIP OR PLACE OF ORGANIZATION:
 
The Netherlands
 
 
 
 
NUMBER OF
5
SOLE VOTING POWER
 
5,191,599
 
SHARES
BENEFICIALLY
OWNED BY
EACH
6
SHARED VOTING POWER
 
0
 
REPORTING
PERSON
WITH
7
SOLE DISPOSITIVE POWER
 
5,191,599
 
 
 
8
SHARED DISPOSITIVE POWER   
 
0
 
9
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON:
 
5,191,599
 
10
CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES (See Instructions)
 
o
 
11
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9):
 
5.0%  (percentage reflects a rounded-up number; reporting person owns less than 5.0%)
 
12
TYPE OF REPORTING PERSON (See Instructions)
 
IN
 


 
 
 

CUSIP No. 88160R 101
13G
Page 3 of 6 Pages
 
Item 1.

(a)  
Name of Issuer:
 
Vivus, Inc.
 
(b)  
Address of Issuer's Principal Executive Offices:
 
351 E. Evelyn Avenue
Mountain View, California
 
 
Item 2.
 
(a)  
Names of Person Filing:
 
Adrianus van Herk
 
(b)  
Address of Principal Business Office or, if none, Residence:
 
Lichtenauerlaan 30
3062 ME Rotterdam
The Netherlands

(c)  
Citizenship:
 
 The Netherlands
 
(d)  
Title of Class of Securities:
 
Common Stock, par value $0.001 per share.
 
(e)  
CUSIP Number:
 
928551100
 

 
 
 

CUSIP No. 88160R 101
13G
Page 4 of 6 Pages
 
 
Item 3.
 
If this statement is filed pursuant to Rules 13d-1(b), or 13d-2(b) or (c), check whether the person filing is a:
 
[ ] Broker or dealer registered under Section 15 of the Act;
 
[ ] Bank as defined in Section 3(a)(6) of the Act;
 
[ ] Insurance company as defined in Section 3(a)(19) of the Act;
 
[ ] Investment company registered under Section 8 of the Investment Company Act of 1940;
 
[ ] An investment adviser in accordance with Rule 13d-1(b)(1)(ii)(E);
 
[ ] An employee benefit plan or endowment fund in accordance with Rule 13d-1(b)(1)(ii)(F);
 
[ ] A parent holding company or control person in accordance with Rule 13d-1(b)(1)(ii)(G);
 
[ ] A savings associations as defined in Section 3(b) of the Federal Deposit Insurance Act (12 U.S.C. 1813);
 
[ ] A church plan that is excluded from the definition of an investment company under section 3(c)(14) of the Investment Company Act of 1940;
 
[ ] A non-U.S. institution in accordance with Rule 240.13d-1(b)(1)(ii)(J);
 
[ ] Group, in accordance with Rule 240.13d-1(b)(1)(ii)(K). If filing as a non-U.S. institution in accordance with Rule 240.13d-1(b)(1)(ii)(J), please specify the type of institution: __
 
Item 4.
Ownership
 
(a)  
Amount beneficially owned:  5,191,599
 
(b)  
Percent of class: 5.0% (percentage reflects a rounded-up number; reporting person owns less than 5.0%)
 
(c)  
Number of shares as to which such person has:
 
 
i.  
Sole power to vote or direct the vote:                                                                                           5,191,599
 
 
ii.  
Shared power to vote or direct the vote:                                                                                      0
 
 
iii.  
Sole power to dispose or direct the disposition of:                                                                    5,191,599
 
 
iv.  
Shared power to dispose or direct the disposition of:                                                               0
 
Item 5.
Ownership Five Percent or Less of a Class
 
If this statement is being filed to report the fact that as of the date hereof the reporting person has ceased to be the beneficial owner of more than 5 percent of the class of securities, check the following [X].
 
Item 6.
Ownership of More than Five Percent on Behalf of Another Person
 
 
Not Applicable
 
Item 7.
Identification and Classification of the Subsidiary Which Acquired the Security Being Reported on By the Parent Holding Company or Control Person
 
Not Applicable
 

 
 
 

CUSIP No. 88160R 101
13G
Page 5 of 6 Pages
 
Item 8.
Identification and Classification of Members of the Group
 
Not Applicable
 
Item 9.
Notice of Dissolution of Group
 
Not Applicable
 
Item 10.
Certification
 
By signing below I certify that, to the best of my knowledge and belief, the securities referred to above were not acquired and are not held for the purpose of or with the effect of changing or influencing the control of the issuer of the securities and were not acquired and are not held in connection with or as a participant in any transaction having that purpose or effect, other than activities solely in connection with a nomination under § 240.14a-11.
 

 
 
 

CUSIP No. 88160R 101
13G
Page 6 of 6 Pages
 
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.
 
Dated:  May 4, 2015


 
         
     /s/ Adrianus van Herk
    
 
  
ADRIANUS VAN HERK