SCHEDULE 14A

Proxy Statement Pursuant to Section 14(a)

of the Securities Exchange Act of 1934 (Amendment No. __)

 

Filed by the Registrant £

 

Filed by a Party other than the Registrant S

 

Check the appropriate box:

 

£         Preliminary Proxy Statement

£         Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2))

£         Definitive Proxy Statement

S         Definitive Additional Materials

£         Soliciting Material Under Rule 14a-12

 

VIVUS, Inc.

 

(Name of Registrant as Specified In Its Charter)

 

First Manhattan Co.

First Health, L.P.

First Health Limited

First Health Associates, L.P.

First BioMed Management Associates, LLC

First BioMed, L.P.

First BioMed Portfolio, L.P.

Sarissa Capital Management LP

Sarissa Capital Offshore Master Fund LP

Sarissa Capital Domestic Fund LP

Michael James Astrue

Rolf Bass

Jon C. Biro

Samuel F. Colin

Alexander J. Denner

Johannes J.P. Kastelein

Melvin L. Keating

David York Norton

Herman Rosenman

 

(Name of Person(s) Filing Proxy Statement, if other than the Registrant)

 

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On June 25, 2013, First Manhattan Co. and its affiliates ("First Manhattan") issued a press release announcing that it has filed a new presentation regarding VIVUS, Inc. ("Vivus") with the Securities and Exchange Commission, which details the strategic plan of First Manhattan's nominees for realizing the potential value of Vivus. A copy of the press release is filed herewith as Exhibit 1.

 

Also on June 25, 2013, First Manhattan posted additional references to www.ourmaterials.com/VVUS/. Copies of the additional references are filed herewith as Exhibit 2.