SCHEDULE 14A
Proxy Statement Pursuant to Section 14(a)
of the Securities Exchange Act of 1934 (Amendment No. __)
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| [ ] | Soliciting Material Under Rule 14a-12 |
VIVUS, Inc.
(Name of Registrant as Specified In Its Charter)
First Manhattan Co.
First Health, L.P.
First Health Limited
First Health Associates, L.P.
First BioMed Management Associates, LLC
First BioMed, L.P.
First BioMed Portfolio, L.P.
Sarissa Capital Management LP
Sarissa Capital Offshore Master Fund LP
Sarissa Capital Domestic Fund LP
Michael James Astrue
Rolf Bass
Jon C. Biro
Samuel F. Colin
Alexander J. Denner
Johannes J.P. Kastelein
Melvin L. Keating
David York Norton
Herman Rosenman
(Name of Person(s) Filing Proxy Statement, if other than the Registrant)
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On July 11, 2013, First Manhattan Co. and its affiliates ("First Manhattan") issued by press release a letter to the stockholders of VIVUS, Inc. ("Vivus") urging them to support First Manhattan at Vivus' annual meeting of stockholders. The letter also expresses First Manhattan's belief that the current Chief Executive Officer and board of directors of Vivus have failed to act on behalf of stockholders, outlining what First Manhattan believes to be their many missteps, and highlights certain aspects of First Manhattan's strategic plan for Vivus. A copy of the press release containing the full text of the letter is filed herewith as Exhibit 1.
Also on July 11, 2013, First Manhattan posted an additional reference towww.ourmaterials.com/VVUS/. A copy of the additional reference is filed herewith as Exhibit 2.