SCHEDULE 14A
Proxy Statement Pursuant to Section 14(a)
of the Securities Exchange Act of 1934 (Amendment No. __)
Filed by the Registrant£
Filed by a Party other than the RegistrantS
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| £ | Preliminary Proxy Statement |
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| £ | Definitive Proxy Statement |
| S | Definitive Additional Materials |
| £ | 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 17, 2013, First Manhattan Co. and its affiliates (“First Manhattan”) sent a letter to the independent directors of the board of directors (the “Board”) of VIVUS, Inc. (“Vivus”) responding to a press release issued by Vivus on July 16, 2013. A copy of the letter is filed herewith as Exhibit 1.
On July 17, 2013, Daniel Burch, on behalf of MacKenzie Partners, Inc. (“MacKenzie”), sent a letter to certain Vivus stockholders explicitly confirming that MacKenzie has never conducted a proxy solicitation campaign through the use of “robo-calls”. A copy of the letter is filed herewith as Exhibit 2.