VIVUS,INC. (NASDAQ:VVUS) Files An 8-K Regulation FD DisclosureItem 7.01. Regulation FD Disclosure
On September26, 2018, VIVUS,Inc. (the “Company”) issued a press release titled “VIVUS Regains Compliance with Nasdaq Listing Requirements.”
A copy of the press release is attached as Exhibit99.1 to this Current Report on Form8-K. The information in this Item 7.01 and the exhibit attached hereto shall not be deemed “filed” for purposes of Section18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise subject to the liabilities of that Section, or incorporated by reference into any of the Company’s filings under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference in any such filing.
Item 8.01. Other Events
On September25, 2018, the Company received notification from the staff (the “Staff”) of The Nasdaq Stock Market (“Nasdaq”) that the Company regained compliance with Listing Rule5550(a)(2)(the “Rule”), which requires a minimum bid price of $1.00 per share. The Staff notified the Company that it has regained compliance with the Ruleand it has closed the matter. The Company is now fully compliant with all Nasdaq listing rules.
Item 9.01. Financial Statements and Exhibits
(d) Exhibits.