On August 5, 2008, VIVUS, Inc. (the “Company”) entered into a securities purchase agreement (the “Purchase Agreement”) with the investors set forth on Exhibit A thereto in connection with a registered direct offering of the Company’s Common Stock. Pursuant to the terms of the Purchase Agreement, the Company sold and issued a total of 8,365,508 shares of its Common Stock at a price of $7.77 per share for a total of $65 million. All of the shares of Common Stock were offered pursuant to an effective Registration Statement on Form S-3 filed with the Securities and Exchange Commission on May 5, 2008 and which was declared effective on May 24, 2008.
The above description of the Purchase Agreement is a summary only and is qualified in its entirety by reference to Exhibit 10.1 to this Current Report on Form 8-K.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits.
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Exhibit No. |
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Description |
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10.1 |
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Securities Purchase Agreement, dated as of August 5, 2008. |
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99.1 |
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Press release, dated August 5, 2008. |
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
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VIVUS, INC. |
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By: |
/s/ Timothy E. Morris |
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Timothy E. Morris Vice President and Chief Financial Officer |
Date: August 5, 2008
EXHIBIT INDEX
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Exhibit No. |
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Description |
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10.1 |
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Securities Purchase Agreement, dated as of August 5, 2008 |
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99.1 |
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Press release, dated August 5, 2008. |