North Tide Capital Master Form 4 VIVUS / Conan Laughlin ownership change

SEC Form 4

FORM 4

UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP

Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934
or Section 30(h) of the Investment Company Act of 1940

OMB APPROVAL

OMB Number:	3235-0287
Estimated average burden
hours per response:	0.5

Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b).

1. Name and Address of Reporting Person^*

NORTH TIDE CAPITAL, LLC

(Last) (First) (Middle)

500 BOYLSTON STREET

SUITE 1860

(Street)

BOSTON MA 02116

(City) (State) (Zip)

2. Issuer Name and Ticker or Trading Symbol
VIVUS INC [ VVUS ]

5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)

Director	X	10% Owner
Officer (give title below)		Other (specify below)

3. Date of Earliest Transaction (Month/Day/Year)
03/03/2017

4. If Amendment, Date of Original Filed (Month/Day/Year)

6. Individual or Joint/Group Filing (Check Applicable Line)

	Form filed by One Reporting Person
X	Form filed by More than One Reporting Person

Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned
1. Title of Security (Instr. 3)	2. Transaction Date (Month/Day/Year)	2A. Deemed Execution Date, if any (Month/Day/Year)	3. Transaction Code (Instr. 8)		4. Securities Acquired (A) or Disposed Of (D) (Instr. 3, 4 and 5)			5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4)	6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4)	7. Nature of Indirect Beneficial Ownership (Instr. 4)
			Code	V	Amount	(A) or (D)	Price
Common Stock	03/03/2017		S		1,700	D	$1.11	11,807,200	I(1)	See Footnote(1)(2)
Common Stock	03/03/2017		S		31,200	D	$1.105	11,776,000	I(1)	See Footnote(1)(3)
Common Stock	03/06/2017		S		10,000	D	$1.095	11,766,000	I(1)	See Footnote(1)(4)
Common Stock	03/06/2017		S		4,800	D	$1.1	11,761,200	I(1)	See Footnote(5)(1)
Common Stock	03/07/2017		S		105,100	D	$1.0747	11,656,100	I(1)	See Footnote(1)(6)
Common Stock	03/07/2017		S		40,000	D	$1.08	11,616,100	I(1)	See Footnote(1)(7)

Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned (e.g., puts, calls, warrants, options, convertible securities)
1. Title of Derivative Security (Instr. 3)	2. Conversion or Exercise Price of Derivative Security	3. Transaction Date (Month/Day/Year)	3A. Deemed Execution Date, if any (Month/Day/Year)	4. Transaction Code (Instr. 8)		5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3, 4 and 5)		6. Date Exercisable and Expiration Date (Month/Day/Year)		7. Title and Amount of Securities Underlying Derivative Security (Instr. 3 and 4)		8. Price of Derivative Security (Instr. 5)	9. Number of derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4)	10. Ownership Form: Direct (D) or Indirect (I) (Instr. 4)	11. Nature of Indirect Beneficial Ownership (Instr. 4)
				Code	V	(A)	(D)	Date Exercisable	Expiration Date	Title	Amount or Number of Shares

1. Name and Address of Reporting Person^*

NORTH TIDE CAPITAL, LLC

(Last) (First) (Middle)

500 BOYLSTON STREET

SUITE 1860

(Street)

BOSTON MA 02116

(City) (State) (Zip)

1. Name and Address of Reporting Person^*

North Tide Capital Master, LP

(Last) (First) (Middle)

500 BOYLSTON STREET

SUITE 1860

(Street)

BOSTON MA 02116

(City) (State) (Zip)

1. Name and Address of Reporting Person^*

Laughlin Conan

(Last) (First) (Middle)

500 BOYLSTON STREET

SUITE 1860

(Street)

BOSTON MA 02116

(City) (State) (Zip)

Explanation of Responses:

1. North Tide Capital, LLC ("North Tide") serves as investment manager for North Tide Capital Master, LP (the "Master Fund") and a managed account (the "Account"). Each of the Reporting Persons disclaims beneficial ownership of the shares reported herein except to the extent of its or his pecuniary interest therein, and the filing of this Form 4 shall not be construed as an admission that any of the Reporting Persons is the beneficial owner of any such shares for purposes of Section 16(a) of the Securities Exchange Act of 1934 or for any other purpose.

2. Of the shares sold on March 3, 2017 at a price of $1.1100, 1,572 shares were held for the account of the Master Fund, 128 shares were held for the account of the Account, and all of such shares may be deemed to have been beneficially owned by North Tide and Mr. Laughlin.

3. Of the shares sold on March 3, 2017 at a price of $1.1050, 28,851 shares were held for the account of the Master Fund, 2,349 shares were held for the account of the Account, and all of such shares may be deemed to have been beneficially owned by North Tide and Mr. Laughlin.

4. Of the shares sold on March 6, 2017 at a price of $1.0950, 9,247 shares were held for the account of the Master Fund, 753 shares were held for the account of the Account, and all of such shares may be deemed to have been beneficially owned by North Tide and Mr. Laughlin.

5. Of the shares sold on March 6, 2017 at a price of $1.1000, 4,439 shares were held for the account of the Master Fund, 361 shares were held for the account of the Account, and all of such shares may be deemed to have been beneficially owned by North Tide and Mr. Laughlin.

6. Of the shares sold on March 7, 2017 at a price of $1.0747, 97,188 shares were held for the account of the Master Fund, 7,912 shares were held for the account of the Account, and all of such shares may be deemed to have been beneficially owned by North Tide and Mr. Laughlin.

7. Of the shares sold on March 7, 2017 at a price of $1.0800, 36,989 shares were held for the account of the Master Fund, 3,011 shares were held for the account of the Account, and all of such shares may be deemed to have been beneficially owned by North Tide and Mr. Laughlin. As of March 7, 2017, 10,118,013 shares were held for the account of the Master Fund 1,498,087 shares were held for the account of the Account, and all of such shares may be deemed beneficially owned by North Tide and Mr. Laughlin.

	/s/ NORTH TIDE CAPITAL, LLC by Conan Laughlin, Manager	03/07/2017
	/s/ NORTH TIDE CAPITAL MASTER, LP, by North Tide Capital GP, LLC, Conan Laughlin, Manager	03/07/2017
	/s/ Conan Laughlin, Individually	03/07/2017
	** Signature of Reporting Person	Date
Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly.
* If the form is filed by more than one reporting person, see Instruction 4 (b)(v).
** Intentional misstatements or omissions of facts constitute Federal Criminal Violations See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a).
Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure.
Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number.