Item 2.02.  Results of Operations and Financial Condition

 

On August 4, 2008, VIVUS, Inc. conducted a conference call during which members of its senior management team discussed financial results for the second quarter ended June 30, 2008 and certain other information.  They also reported on product development highlights and responded to questions.  A copy of the transcript of the conference call is attached hereto as Exhibit 99.1.

 

The information in this Form 8-K and the exhibit attached hereto shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or incorporated by reference into any of the Registrant’s filings under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference in any such filing.

 

Item 9.01.  Financial Statements and Exhibits

 

(d)  Exhibits.

 

Exhibit No.

 

Description

 

 

 

99.1

 

Transcript of VIVUS, Inc. Second Quarter 2008 Earnings Conference Call on August 4, 2008, 4:30 p.m. EDT.

 


 

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.

 

 
 
 
VIVUS, INC.

 

 

 

 

 

By:

/s/ Lee B. Perry

 

 

 

Lee B. Perry
Vice President and Chief Accounting Officer

 

Date:  August 6, 2008

 


 

EXHIBIT INDEX

 

Exhibit No.

 

Description

 

 

 

99.1

 

Transcript of VIVUS, Inc. Second Quarter 2008 Earnings Conference Call on August 4, 2008, 4:30 p.m. EDT.