SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of
The Securities Exchange Act of 1934
Date of Report (Date of earliest event reported)
March 9, 2009
VIVUS, INC.
(Exact name of registrant as specified in its charter)
Delaware |
| 001-33389 |
| 94-3136179 |
(State or other jurisdiction of |
| (Commission File Number) |
| (IRS Employer |
1172 CASTRO STREET
MOUNTAIN VIEW, CA 94040
(Address of principal executive offices, including zip code)
(650) 934-5200
(Registrant’s telephone number, including area code)
N/A
(Former name or former address, if changed since last report)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
On March 9, 2009, VIVUS, Inc. (the “Company”) conducted a conference call during which members of its senior management team discussed financial results for the fourth quarter and year ended December 31, 2008 and certain other information. They also reported on product development highlights and responded to questions. A copy of the transcript of the conference call is attached hereto as Exhibit 99.1.
On March 11, 2009, the Company issued a press release titled “VIVUS to Present at the Cowen and Company Healthcare Conference.” A copy of the press release is attached hereto as Exhibit 99.2.
The information in this Form 8-K and the exhibits attached hereto shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or incorporated by reference into any of the Registrant’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 9.01. Financial Statements and Exhibits
(d) Exhibits.
Exhibit No. |
| Description |
|
|
|
99.1 |
| Transcript of VIVUS, Inc. Fourth Quarter and Year End 2008 Earnings Results Conference Call on March 9, 2009, 3:30 p.m. CDT |
99.2 |
| Press Release dated March 11, 2009 |
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Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
VIVUS, INC. | ||
|
|
|
| By: | /s/ Lee B. Perry |
|
| Lee B. Perry |
|
| Vice President and Chief Accounting Officer |
Date: March 11, 2009
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Exhibit No. |
| Description |
|
|
|
99.1 |
| Transcript of VIVUS, Inc. Fourth Quarter and Year End 2008 Earnings Results Conference Call on March 9, 2009, 3:30 p.m. CDT |
99.2 |
| Press Release dated March 11, 2009 |
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