UNITED STATES

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)

 

January 22, 2014

 


 

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

incorporation)

 

 

 

Identification No.)

 

351 EAST EVELYN AVENUE

MOUNTAIN VIEW, CA 94041

(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))

 

 

 



 

Item 5.02.  Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers

 

On January 22, 2014, the Compensation Committee of the Board of Directors of VIVUS, Inc., or the Company, authorized and approved the grant of restricted stock unit awards under the Company’s 2010 Equity Incentive Plan to certain of the Company’s employees including Svai Sanford, the Company’s interim Chief Financial Officer, Principal Accounting Officer, Guy P. Marsh, the Company’s Vice President, U.S. Operations and General Manager, Wesley W. Day, Ph.D., the Company’s Vice President, Clinical Development, and John L. Slebir, the Company’s Vice President, Business Development and General Counsel.  The following table sets forth the specific restricted stock unit awards authorized and approved for each of Messrs. Sanford, Marsh and Slebir and Dr. Day:

 

Name

 

Restricted Stock Unit Awards(1)

 

Svai Sanford

 

30,000

 

Guy P. Marsh

 

10,000

 

Wesley W. Day, Ph.D.

 

30,000

 

John L. Slebir

 

35,000

 

 


(1)         Each restricted stock unit award will vest pursuant to the following 18 month schedule commencing on January 1, 2014, or the Vesting Commencement Date:  20% of the restricted stock units subject to the restricted stock unit award shall vest on the six month anniversary of the Vesting Commencement Date, 20% of the restricted stock units subject to the restricted stock unit award shall vest on the 12 month anniversary of the Vesting Commencement Date and 60% of the restricted stock units subject to the restricted stock unit award shall vest on the 18 month anniversary of the Vesting Commencement Date, subject to such individual continuing to be a full time employee of the Company on each such date.

 

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SIGNATURES

 

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.

 

 

 

 

 

/s/ John L. Slebir

 

John L. Slebir

 

Vice President, Business Development and General Counsel

 

Date:  January 24, 2014

 

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