0001123292-17-000180.txt : 20170118 0001123292-17-000180.hdr.sgml : 20170118 20170118160806 ACCESSION NUMBER: 0001123292-17-000180 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20170113 FILED AS OF DATE: 20170118 DATE AS OF CHANGE: 20170118 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: 900 E. HAMILTON AVENUE STREET 2: SUITE 550 CITY: CAMPBELL STATE: CA ZIP: 95008 BUSINESS PHONE: 6509345200 MAIL ADDRESS: STREET 1: 900 E. HAMILTON AVENUE STREET 2: SUITE 550 CITY: CAMPBELL STATE: CA ZIP: 95008 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Plutzky Jorge MD CENTRAL INDEX KEY: 0001576525 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 001-33389 FILM NUMBER: 17533552 MAIL ADDRESS: STREET 1: C/O VIVUS, INC. STREET 2: 1172 CASTRO STREET CITY: MOUNTAIN VIEW STATE: CA ZIP: 94040 4 1 edgar.xml PRIMARY DOCUMENT X0306 4 2017-01-13 0000881524 VIVUS INC VVUS 0001576525 Plutzky Jorge MD C/O VIVUS, INC. 900 E. HAMILTON AVE., SUITE 550 CAMPBELL CA 95008 1 0 0 0 Restricted Stock Units 2017-01-13 4 A 0 50000 0 A Common Stock 50000 50000 D Each restricted stock unit represents a contingent right to receive one share of VIVUS, Inc. common stock. The restricted stock units (RSUs) vest according to the following schedule: Commencing on November 8, 2016, 1/4th of the total RSUs originally granted shall vest on each of February 8, 2017, May 8, 2017, August 8, 2017 and November 8, 2017; provided, however, that (a) if the next annual stockholder meeting occurs prior to November 8, 2017 and the individual has remained a Service Provider (as defined in the VIVUS, Inc. 2010 Equity Incentive Plan), the vesting of the RSUs shall accelerate in full as of the date of the next annual stockholder meeting and (b) if the individual ceases to be a Service Provider (other than removal for cause) prior to any of the foregoing vesting dates, then 1/12th of the shares underlying the RSUs shall accelerate for each month elapsed from the most recent vesting date until the month in which the individual (i) ceases to be a Service Provider and (ii) has remained a Service Provider through at least the 8th day of such month. /s/ Julie Hollenback, Attorney-in-Fact 2017-01-18