1. Title of Derivative Security (Instr. 4) |
2. Date Exercisable and Expiration Date (Month/Day/Year) |
3. Title and Amount of Securities Underlying Derivative Security (Instr. 4) |
4. Conversion or Exercise Price of Derivative Security |
5. Ownership Form of Derivative Security: Direct (D) or Indirect (I) (Instr. 5) |
6. Nature of Indirect Beneficial Ownership (Instr. 5) |
Date Exercisable |
Expiration Date |
Title |
Amount or Number of Shares |
Employee Stock Option (right to buy)
|
Â
(3)
|
01/28/2021 |
Common Stock
|
34,000
|
$
7.75
|
D
|
Â
|
Employee Stock Option (right to buy)
|
Â
(4)
|
01/23/2022 |
Common Stock
|
139,700
|
$
2.74
|
D
|
Â
|
Employee Stock Option (right to buy)
|
Â
(5)
|
04/25/2022 |
Common Stock
|
200,000
|
$
24.23
|
D
|
Â
|
Employee Stock Option (right to buy)
|
Â
(6)
|
01/25/2023 |
Common Stock
|
52,500
|
$
12.39
|
D
|
Â
|
* |
If the form is filed by more than one reporting person, see Instruction 5(b)(v). |
** |
Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). |
(1) |
Each restricted stock unit represents a contingent right to receive one share of VIVUS, Inc. common stock. |
(2) |
The total amount of securities beneficially owned includes awards totaling 48,400 restricted stock units ("RSUs"), 35,475 of which are unvested. The RSUs vest on various dates between January 1, 2014 and January 1, 2019, subject to the reporting person continuing to be a Service Provider (as defined in the Issuer's 2010 Equity Incentive Plan) on the relevant vesting dates. |
(3) |
Twenty-five percent (25%) of the total number of shares underlying the option vested and became exercisable on January 28, 2015, and one forty-eighth (1/48th) of the total number of shares underlying the option will vest on the 28th of each month thereafter, subject to the reporting person continuing to be a Service Provider (as defined in the Issuer's 2010 Equity Incentive Plan) on the relevant vesting dates. |
(4) |
Twenty-five percent (25%) of the total number of shares underlying the option will vest and become exercisable on January 23, 2016, and one forty-eighth (1/48th) of the total number of shares underlying the option will vest on the 23rd of each month thereafter, subject to the reporting person continuing to be a Service Provider (as defined in the Issuer's 2010 Equity Incentive Plan) on the relevant vesting dates. |
(5) |
Twenty-five percent (25%) of the total number of shares underlying the option vested and became exercisable on March 19, 2013, and one forty-eighth (1/48th) of the total number of shares underlying the option will vest on the 19th of each month thereafter, subject to the reporting person continuing to be a Service Provider (as defined in the Issuer's 2010 Equity Incentive Plan) on the relevant vesting dates. |
(6) |
Twenty-five percent (25%) of the total number of shares underlying the option vested and became exercisable on January 25, 2014, and one forty-eighth (1/48th) of the total number of shares underlying the option will vest on the 25th of each month thereafter, subject to the reporting person continuing to be a Service Provider (as defined in the Issuer's 2010 Equity Incentive Plan) on the relevant vesting dates. |