0000902664-13-002519.txt : 20130701 0000902664-13-002519.hdr.sgml : 20130701 20130701182144 ACCESSION NUMBER: 0000902664-13-002519 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20130627 FILED AS OF DATE: 20130701 DATE AS OF CHANGE: 20130701 ISSUER: 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 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 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: BIRO JON C CENTRAL INDEX KEY: 0001221219 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-33389 FILM NUMBER: 13945966 MAIL ADDRESS: STREET 1: 5858 WESTHEIMER STREET 2: SUITE 200 CITY: HOUSTON STATE: TX ZIP: 77057 4 1 p13-1419form4.xml VIVUS, INC. (BIRO) X0306 4 2013-06-27 0 0000881524 VIVUS INC VVUS 0001221219 BIRO JON C 5858 WESTHEIMER SUITE 200 HOUSTON TX 77057 0 0 1 1 SEE REMARKS Common Stock, $0.001 par value ("Common Stock") 2013-06-27 4 P 0 2000 12.8497 A 4000 D The shares of Common Stock reported on this line are held directly by Jon C. Biro. For purposes of Rule 16a-1(a)(2) of the Securities Exchange Act of 1934, as amended (the "1934 Act"), the reporting person disclaims beneficial ownership of the shares reported herein to the extent such beneficial ownership exceeds his pecuniary interest therein. As described in Item 4 of Amendment No. 5 to the Schedule 13D (the "Schedule 13D") filed on May 23, 2013 by the reporting person and the other reporting persons included in the Schedule 13D (collectively, the "13D Reporting Persons"), the 13D Reporting Persons and Alexander J. Denner, Ph.D. ("Dr. Denner") and his affiliated funds and their investment manager (collectively with Dr. Denner, the "Denner Parties") may be deemed to be a "group" pursuant to Rule 13d-5(b)(1) promulgated under the 1934 Act and as such may be deemed, collectively, to beneficially own more than 10% of the outstanding shares of Common Stock for purposes of Section 13(d) of the 1934 Act. The reporting person disclaims beneficial ownership of any shares of Common Stock beneficially owned by the other 13D Reporting Persons or the Denner Parties. /s/ Jon C. Biro 2013-07-01