X0306 4 2016-03-29 0 0000881524 VIVUS INC VVUS 0001557543 NORTH TIDE CAPITAL, LLC 500 BOYLSTON STREET SUITE 1860 BOSTON MA 02116 0 0 1 0 0001594882 North Tide Capital Master, LP 500 BOYLSTON STREET SUITE 1860 BOSTON MA 02116 0 0 1 0 0001594068 Laughlin Conan 500 BOYLSTON STREET SUITE 1860 BOSTON MA 02116 0 0 1 0 Common Stock 2016-03-29 4 P 0 11000 1.1312 A 13213000 I See Footnote Common Stock 2016-03-29 4 P 0 100000 1.2140 A 13313000 I See Footnote Common Stock 2016-03-30 4 P 0 100000 1.2545 A 13413000 I See Footnote Common Stock 2016-03-31 4 P 0 172300 1.3594 A 13585300 I See Footnote Shares 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. Of 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. 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. /s/ NORTH TIDE CAPITAL MASTER, LP, by North Tide Capital GP, LLC, Conan Laughlin, Manager 2016-03-31 /s/ NORTH TIDE CAPITAL, LLC by Conan Laughlin, Manager 2016-03-31 /s/ Conan Laughlin, Individually 2016-03-31