VIVUS,INC. (NASDAQ:VVUS) Files An 8-K Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing

ME Staff 8-k
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VIVUS,INC. (NASDAQ:VVUS) Files An 8-K Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing
Item 3.01. Notice of Delisting or Failure to Satisfy a Continued Listing Ruleor Standard; Transfer of Listing.

On October4, 2017, VIVUS,Inc., or the Company, received a letter from The Nasdaq Stock Market, or Nasdaq, indicating that, based upon the closing bid price of the Company’s common stock for the last 30 consecutive business days, the Company no longer meets the continued listing requirement of maintaining a minimum bid price of $1 per share, as set forth in Nasdaq Listing Rule5450(a)(1).As provided in the Nasdaq rules, the Company has 180 calendar days, or until April2, 2018, to regain compliance with the continued listing requirement. In order to regain compliance, the closing bid price of the Company’s common stock on The Nasdaq Global Select Market must be at least $1 per share for a minimum of ten consecutive business days during this 180-day period.

If the Company fails to regain compliance with the continued listing requirement noted above during the applicable compliance period, the Company’s common stock will be subject to delisting by Nasdaq. The deficiency notice has no immediate effect on the listing of the Company’s common stock on The Nasdaq Global Select Market under the symbol “VVUS.”


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.