VIVUS,INC. (NASDAQ:VVUS) Files An 8-K Material Modification to Rights of Security Holders

ME Staff 8-k

6 years ago

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.

VIVUS INC ExhibitEX-3.1 2 a18-27155_1ex3d1.htm EX-3.1 Exhibit 3.1 AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF VIVUS,…To view the full exhibit click here
About VIVUS,INC. (NASDAQ:VVUS)
VIVUS, Inc. is a biopharmaceutical company. The Company operates in the development and commercialization of therapeutic products segment. It provides over two therapies approved by the Food and Drug Association (FDA), which include Qsymia (phentermine and topiramate extended-release) for chronic weight management and STENDRA (avanafil) for erectile dysfunction (ED). The Company has completed the Phase II studies of Qsymia for the indication of Obstructive Sleep Apnea (OSA) and diabetes. Its Qsymia is available in over 40,000 certified retail pharmacies across the country. Its STENDRA is also approved by the European Commission (EC), under the name, SPEDRA, for the treatment of ED in the Europe. The United States Food and Drug Association approved a Supplemental New Drug Application (sNDA) for STENDRA. STENDRA is indicated to be taken approximately 15 minutes before sexual activity.