Vivus,
Inc.
|
||
(Name
of Issuer)
|
||
Common
Stock, $.001 par value per share
|
||
(Title
of Class of Securities)
|
||
928551100
|
||
(CUSIP
Number)
|
||
December
31, 2009
|
||
(Date
of Event which Requires Filing of this
Statement)
|
x | Rule 13d-1(b) | |
o | Rule 13d-1(c) | |
o | Rule 13d-1(d) |
CUSIP
No. 928551100
|
13G
|
Page 2
of 3 Pages
|
1
|
NAMES
OF REPORTING PERSONS
I.R.S.
IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY)
Chilton
Investment Company, LLC
87-0742367
|
|
2
|
CHECK
THE APPROPRIATE BOX IF A MEMBER OF A GROUP (See
Instructions)
|
|
(a)
|
o
|
|
(b)
|
x
|
|
3
|
SEC
USE ONLY
|
|
4
|
CITIZENSHIP
OR PLACE OF ORGANIZATION
State
of Delaware
|
NUMBER
OF
SHARES
BENEFICIALLY
OWNED
BY
EACH
REPORTING
PERSON
WITH
|
5.
|
SOLE
VOTING POWER
7,208,569
|
6.
|
SHARED
VOTING POWER
0
|
|
7.
|
SOLE
DISPOSITIVE POWER
7,208,569
|
|
8.
|
SHARED
DISPOSITIVE POWER
0
|
9.
|
AGGREGATE
AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
7,208,569
|
10.
|
CHECK
IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES (See
Instructions)
|
11.
|
PERCENT
OF CLASS REPRESENTED BY AMOUNT IN ROW (9)
8.9%
|
12.
|
TYPE
OF REPORTING PERSON (See Instructions)
IA
|
CUSIP
No. 928551100
|
13G
|
Page 3
of 3 Pages
|
Pursuant
to Rule 13d-2(b) of Regulation 13D-G under the Securities Exchange Act of
1934, as amended, the Schedule 13G initially filed on February 14, 2005 by
Chilton Investment Company, Inc. with respect to the Common Stock, $0.001
par value (the “Common Stock”), of Vivus, Inc., a Delaware corporation
(the “Schedule 13G”), as amended by Amendment No. 1 to the Schedule 13G
filed on February 14, 2006 by Chilton Investment Company, LLC (the
“Reporting Person”), Amendment No. 2 to the Schedule 13G filed on June 9,
2006, Amendment No. 3 to the Schedule 13G filed on February 14, 2007 and
Amendment No. 4 to the Schedule 13G filed on February 14, 2008 and
Amendment No. 5 to the Schedule 13G filed on February 13, 2009, is hereby
amended by this Amendment No. 6 to the Schedule 13G to report a change in
the information reported in the Schedule 13G. The Schedule 13G
is hereby amended as follows:
Item
4 is hereby amended and restated in its entirety to
read:
|
Item
4.
|
Ownership.
|
(a) Amount
beneficially owned: 7,208,569 shares
|
|
(b) Percent
of class: 8.9%
|
|
(c) Number
of shares as to which the person has:
|
|
(i) Sole
power to vote or to direct the vote: 7,208,569
(ii) Shared
power to vote or to direct the vote: 0
(iii) Sole
power to dispose or to direct the disposition
of: 7,208,569
(iv) Shared
power to dispose or to direct the disposition
of: 0
|
Chilton
Investment Company, LLC
|
|||
By: |
/s/
James Steinthal
|
||
Name: |
James
Steinthal
|
||
Title: |
Executive
Vice President
|