UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of
The Securities Exchange Act of 1934
Date of report (date of earliest event reported): July 28, 2005
VIVUS, INC.
(EXACT NAME OF REGISTRANT AS SPECIFIED IN ITS CHARTER)
COMMISSION FILE NUMBER: 0-23490
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DELAWARE |
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94-3136179 |
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(STATE
OR OTHER JURISDICTION OF |
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(I.R.S.
EMPLOYER |
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1172 CASTRO STREET |
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94040 |
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(ADDRESS
OF PRINCIPAL EXECUTIVE |
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(ZIP CODE) |
(650) 934-5200
(REGISTRANT’S TELEPHONE NUMBER, INCLUDING AREA CODE)
N/A
(FORMER NAME, FORMER ADDRESS AND FORMER FISCAL YEAR, IF CHANGED SINCE LAST REPORT)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Item 2.02 Results of Operations and Financial Condition.
On July 28, 2005, VIVUS, Inc. issued a press release announcing its financial results for the fiscal six months and quarter ended June 30, 2005. The full text of the July 28, 2005 press release is included as Exhibit 99.1 hereto.
The information in this Form 8-K and the exhibit attached hereto shall not deemed to be “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.
(c) Exhibits.
Exhibit
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Description |
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99.1 |
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Text of Press Release, dated July 28, 2005, titled “VIVUS Reports Second Quarter Financial Results.” |
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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 thereunto duly authorized.
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Date: July 28, 2005 |
VIVUS, Inc. |
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/s/ Timothy E. Morris |
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Timothy E. Morris |
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Vice President and Chief Financial Officer |
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VIVUS, INC.
INDEX TO EXHIBITS
The following exhibits are filed herewith:
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DESCRIPTION |
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99.1 |
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Text of Press Release, dated July 28, 2005, titled “VIVUS Reports Second Quarter Financial Results.” |
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