VIVUS,INC. (NASDAQ:VVUS) Files An 8-K Material Modification to Rights of Security HoldersItem 3.03. Material Modification to Rights of Security Holders.
To the extent required by Item 3.03 of Form8-K, the information set forth below under Item 5.03 of this Current Report on Form8-K is incorporated herein by reference.
Item 5.03. Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year.
On September7, 2018, effective as of 12:01 a.m.Eastern Time on September10, 2018, VIVUS,Inc. (the “Company”) filed a Restated Certificate of Incorporation (the “Certificate”) with the Delaware Secretary of State to effect the 1-for-10 reverse stock split of the Company’s common stock.
The full text of the Certificate is attached as Exhibit3.1 to this Current Report on Form8-K and is incorporated herein by reference.
Item 7.01. Regulation FD Disclosure.
On September10, 2018, the Company issued a press release announcing the Company’s 1-for-10 reverse stock split. A copy of the press release is furnished herewith as Exhibit99.1.
The information in this Current Report on Form8-K under Item 7.01, including the accompanying press release, shall not be deemed “filed” for purposes of Section18 of the Securities Exchange Act of 1934, as amended, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, except as shall be expressly set forth by reference to such filing.
Item 9.01. Financial Statements and Exhibits.
(d)Exhibits.