X0306 4 2017-02-06 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 1 0 1 0 Common Stock 2017-02-06 4 S 0 28027 1.1040 D 13480800 I See Footnote Common Stock 2017-02-07 4 S 0 6200 1.1066 D 13474600 I See Footnote Common Stock 2017-02-08 4 S 0 508049 1.06 D 12966551 I See Footnote Common Stock 2017-02-08 4 S 0 21251 1.0922 D 12945300 I See Footnote North 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. Of the shares sold on February 6, 2017, 25,917 shares were held for the account of the Master Fund, 2,110 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. Of the shares sold on February 7, 2017, 5,733 shares were held for the account of the Master Fund, 467 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. Of the shares sold on February 8, 2017 at a price of $1.06 per share, 469,801 shares were held for the account of the Master Fund, 38,248 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. Of the shares sold on February 8, 2017 at a price of $1.0922 per share, 19,651 shares were held for the account of the Master Fund, 1,600 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 8, 2017, 11,347,145 shares were held for the account of the Master Fund, 1,598,155 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. /s/ NORTH TIDE CAPITAL, LLC by Conan Laughlin, Manager 2017-02-08 /s/ NORTH TIDE CAPITAL MASTER, LP, by North Tide Capital GP, LLC, Conan Laughlin, Manager 2017-02-08 /s/ Conan Laughlin, Individually 2017-02-08