VIVUS INC Contracts & Agreements

Amended RSA, dated July 6, 2020 (Filed With SEC on July 7, 2020)

Form of Pre-Funded Warrant (Filed With SEC on June 19, 2020)

Form of Common Warrant (Filed With SEC on June 19, 2020)

Form of Placement Agent's Warrant (Filed With SEC on June 19, 2020)

Form of Securities Purchase Agreement (Filed With SEC on June 19, 2020)

Restructuring Support Agreement, dated May 31, 2020, by and between the Company and Icahn Enterprise Holdings L.P. (dba IEH Biopharma, LLC) (Filed With SEC on June 8, 2020)

Agreement Regarding Convertible Notes, dated as of April 29, 2020, by and among VIVUS, Inc., the Noteholder and the Trustee (Filed With SEC on May 1, 2020)

Form of Placement Agent Warrant (Filed With SEC on April 2, 2020)

Form of Securities Purchase Agreement, dated April 1, 2020, by and between the Company and the Purchasers (Filed With SEC on April 2, 2020)

Engagement Agreement, dated April 1, 2020, by and between the Company and H.C. Wainwright & Co., LLC (Filed With SEC on April 2, 2020)

Equity Distribution Agreement, dated as of March 6, 2020, between VIVUS, Inc. and Piper Sandler & Co (Filed With SEC on March 6, 2020)

Description of the Registrants Securities Registered Pursuant to Section 12 of the Securities Exchange Act of 1934 (Filed With SEC on March 3, 2020)

Preferred Stock Rights Agreement, dated as of December 30, 2019, between VIVUS, Inc. and Computershare Trust Company, N.A. (which includes the Amended and Restated Certificate of... (Filed With SEC on December 31, 2019)

Second Supplemental Indenture, dated as of September 30, 2019, among VIVUS, Inc., as issuer and U.S. Bank National Association, as trustee and collateral agent (Filed With SEC on October 3, 2019)

Amendment No. 5 to Collateral Agreement dated as of June 5, 2019 between the Registrant and U.S. Bank National Association, as trustee and collateral agent (Filed With SEC on August 6, 2019)

Amendment No1 to the Manufacturing and Supply Agreement dated May 22, 2019 between the Registrant and Sanofi Winthrop Industrie (Filed With SEC on August 6, 2019)

Amendment No. 1 to License and Commercialization Agreement and Commercial Supply Agreement dated May 21, 2019 between the Registrant and the Menarini Group through its subsidiary... (Filed With SEC on August 6, 2019)

First Amendment to the Amended and Restated Know-How License and Supply Agreement dated June 26, 2019 between the Registrant and Nordmark Arzneimittel GmbH & Co. KG (Filed With SEC on August 6, 2019)

Amended and Restated Know-How License and Supply Agreement dated November 3, 2017 between Janssen Pharmaceuticals, Inc. and Nordmark Arzneimittel GmbH & Co. KG (Filed With SEC on August 6, 2019)

Amendment No. 4 to Collateral Agreement dated as of March 20, 2019 between the Registrant and U.S. Bank National Association, as trustee and collateral agent (Filed With SEC on April 30, 2019)

Amendment N1 to Commercial Supply Agreement dated December 7, 2018 between Sanofi Chimie and the Registrant (Filed With SEC on February 26, 2019)

Amendment No. 1 to Collateral Agreement dated as of July 6, 2018 between the Registrant and U.S. Bank National Association, as trustee and collateral agent (Filed With SEC on February 26, 2019)

Amendment No. 2 to Collateral Agreement dated as of October 11, 2018 between the Registrant and U.S. Bank National Association, as trustee and collateral agent (Filed With SEC on February 26, 2019)

Amendment No. 3 to Collateral Agreement dated as of December 7, 2018 between the Registrant and U.S. Bank National Association, as trustee and collateral agent (Filed With SEC on February 26, 2019)

Form of Restricted Stock Units Agreement under the 2018 Equity Incentive Plan (Filed With SEC on November 1, 2018)

Form of Stock Option Agreement under the 2018 Equity Incentive Plan (Filed With SEC on November 1, 2018)

First Supplemental Indenture, dated as of October 11, 2018, among VIVUS, Inc., as issuer and U.S. Bank National Association, as trustee and collateral agent (Filed With SEC on October 17, 2018)

Warrant to Purchase Shares of Common Stock issued to Torreya Capital, LLC dated February 23, 2018 (Filed With SEC on May 8, 2018)

Confidential Separation, General Release and Post-Separation Consulting Agreement effective December 31, 2017, between the Registrant and Seth H. Z. Fischer (Filed With SEC on March 14, 2018)

SETTLEMENT AGREEMENT (Filed With SEC on August 3, 2017)

TERMINATION, RIGHTS REVERSION AND TRANSITION SERVICES AGREEMENT between SANOFI and VIVUS, INC. (Filed With SEC on May 3, 2017)

PATENT ASSIGNMENT AGREEMENT (Filed With SEC on March 8, 2017)

LICENSE ASSIGNMENT AGREEMENT (Filed With SEC on March 8, 2017)

FIRST AMENDMENT TO LEASE (Filed With SEC on November 9, 2016)

HAMILTON PLAZA OFFICE LEASE AG-SW HAMILTON PLAZA OWNER, L.P., a Delaware limited partnership as Landlord, (Filed With SEC on November 9, 2016)

VIVUS, INC. and COMPUTERSHARE TRUST COMPANY, N.A. Amended and Restated Preferred Stock Rights Agreement Dated as of November 9, 2016 (Filed With SEC on November 9, 2016)

VIVUS, Inc. 351 E. Evelyn Ave., Mountain View, CA 94041 Tel ###-###-#### www.vivus.com (Filed With SEC on November 4, 2015)

VIVUS, Inc. 351 E. Evelyn Ave., Mountain View, CA 94041 Tel ###-###-#### www.vivus.com (Filed With SEC on August 3, 2015)

SECOND AMENDED AND RESTATED CHANGE OF CONTROL AND SEVERANCE AGREEMENT (Filed With SEC on June 24, 2015)

PATENT ASSIGNMENT AGREEMENT (Filed With SEC on November 5, 2014)

INDEMNIFICATION AGREEMENT by and between VIVUS, INC. and , as Indemnitee Dated as of , 2014 (Filed With SEC on August 12, 2014)

MANUFACTURING AND SUPPLY AGREEMENT (Filed With SEC on February 28, 2014)

LICENSE AND COMMERCIALIZATION AGREEMENT by and between VIVUS, INC. and SANOFI (Filed With SEC on February 28, 2014)

SUPPLY AGREEMENT (Filed With SEC on February 28, 2014)

LICENSE AND COMMERCIALIZATION AGREEMENT dated as of October 10, 2013 by and between VIVUS, INC. and AUXILIUM PHARMACEUTICALS, INC. (Filed With SEC on November 7, 2013)

COMMERCIAL SUPPLY AGREEMENT (Filed With SEC on November 7, 2013)

LICENSE AND COMMERCIALIZATION AGREEMENT by and between VIVUS, INC. and BERLIN-CHEMIE AG (Filed With SEC on August 8, 2013)

COMMERCIAL SUPPLY AGREEMENT (Filed With SEC on August 8, 2013)

FOURTH AMENDMENT TO AGREEMENT (Filed With SEC on July 29, 2013)

VIVUS, Inc. 351 East Evelyn Avenue Mountain View, CA 94041 (Filed With SEC on July 19, 2013)

AMENDED AND RESTATED CHANGE OF CONTROL AND SEVERANCE AGREEMENT (Filed With SEC on July 5, 2013)

VIVUS, INC. AND DEUTSCHE BANK TRUST COMPANY AMERICAS, as Trustee INDENTURE Dated as of May 21, 2013 4.50% Convertible Senior Notes due 2020 (Filed With SEC on May 21, 2013)

VIVUS, INC. $220,000,000 4.50% Senior Convertible Notes due 2020 PURCHASE AGREEMENT (Filed With SEC on May 16, 2013)

ASSET PURCHASE AGREEMENT by and among K-V PHARMACEUTICAL COMPANY and VIVUS, INC. dated as of March 30, 2007 (Filed With SEC on February 26, 2013)

AGREEMENT (Filed With SEC on February 26, 2013)

SETTLEMENT AND MODIFICATION AGREEMENT (Filed With SEC on February 26, 2013)

ASSET PURCHASE AGREEMENT BY AND AMONG VIVUS, INC. As Seller MEDA AB As Buyer AND With respect to Sections 2.1, 2.7(b), 2.15, 3.1(b), 3.2, 3.3, 3.10, 3.16 and 7.2, only VIVUS REAL... (Filed With SEC on February 26, 2013)

TRANSITION SERVICES AGREEMENT (Filed With SEC on February 26, 2013)

THIRD AMENDMENT TO AGREEMENT (Filed With SEC on February 25, 2013)

FOURTH AMENDMENT TO THE VIVUS, INC. LELAND F. WILSON EMPLOYMENT AGREEMENT DATED DECEMBER 20, 2007 (Filed With SEC on January 30, 2013)

SECOND AMENDMENT TO AGREEMENT (Filed With SEC on August 10, 2012)

COMMERCIAL MANUFACTURING and PACKAGING AGREEMENT (Phentermine Hydrochloride and Topiramate capsules) (Filed With SEC on July 23, 2012)

VIVUS, INC. 9,000,000 Shares of Common Stock Underwriting Agreement (Filed With SEC on March 1, 2012)

FOURTH AMENDMENT TO LEASE (Filed With SEC on February 16, 2012)

THIRD AMENDMENT TO THE VIVUS, INC. LELAND F. WILSON EMPLOYMENT AGREEMENT DATED DECEMBER 20, 2007 (Filed With SEC on January 27, 2012)

SECURITIES PURCHASE AGREEMENT (Filed With SEC on August 23, 2011)

VIVUS, INC. 1994 EMPLOYEE STOCK PURCHASE PLAN (as amended on April 14, 2003, and April 29, 2011) (Filed With SEC on July 29, 2011)

VIVUS, INC. 2010 EQUITY INCENTIVE PLAN (Filed With SEC on March 1, 2011)

THIRD AMENDMENT TO LEASE (Filed With SEC on March 1, 2011)

SECOND AMENDMENT TO THE VIVUS, INC. LELAND F. WILSON EMPLOYMENT AGREEMENT DATED DECEMBER 20, 2007 (Filed With SEC on January 26, 2011)

ASSET PURCHASE AGREEMENT BY AND AMONG VIVUS, INC. As Seller MEDA AB As Buyer AND With respect to Sections 2.1, 2.7(b), 2.15, 3.1(b),3.2, 3.3, 3.10, 3.16 and 7.2, only VIVUS REAL... (Filed With SEC on November 10, 2010)

TRANSITION SERVICES AGREEMENT (Filed With SEC on November 8, 2010)

ASSET PURCHASE AGREEMENT BY AND AMONG VIVUS, INC. As Seller MEDA AB As Buyer AND With respect to Sections 2.1, 2.7(b), 2.15, 3.1(b),3.2, 3.3, 3.10, 3.16 and 7.2, only VIVUS REAL... (Filed With SEC on October 4, 2010)

VIVUS,INC. STAND-ALONESTOCK OPTION AGREEMENT NOTICEOF GRANT OF STOCK OPTION (Filed With SEC on May 6, 2010)

CHANGE OF CONTROL AND SEVERANCEAGREEMENT (Filed With SEC on April 30, 2010)

SECONDAMENDMENT TO LEASE (Filed With SEC on March 10, 2010)

ASSIGNMENT AGREEMENT (Filed With SEC on March 10, 2010)

VIVUS, INC. 9,000,000 Shares of Common Stock Underwriting Agreement (Filed With SEC on September 18, 2009)

EXHIBIT A Qnexa OB-305 TASK ORDER MEDPACE Task Order Number: 06 MEDPACE Project Number: VOB305 (Filed With SEC on July 15, 2009)

FIRST AMENDMENT TO FUNDING AND ROYALTY AGREEMENT (Filed With SEC on March 19, 2009)

AMENDED AND RESTATED OPTION AND PUT AGREEMENT (Filed With SEC on March 19, 2009)

FIRSTAMENDMENT TO THE VIVUS, INC. LELANDF. WILSON EMPLOYMENT AGREEMENT DATEDDECEMBER 20, 2007 (Filed With SEC on January 29, 2009)

EXHIBITA QnexaOB-305 TASK ORDER MEDPACETask Order Number: 06 MEDPACEProject Number: VOB305 [***] (Filed With SEC on December 24, 2008)

FIRST AMENDMENT TO LEASE (Filed With SEC on December 18, 2008)

SECURITIESPURCHASE AGREEMENT (Filed With SEC on August 5, 2008)

SECURITIESPURCHASE AGREEMENT (Filed With SEC on April 4, 2008)

FUNDINGAND ROYALTY AGREEMENT (Filed With SEC on April 4, 2008)

SUBSCRIPTION AGREEMENT (Filed With SEC on April 4, 2008)

OPTIONAND PUT AGREEMENT (Filed With SEC on April 4, 2008)

SECURITYAGREEMENT (Filed With SEC on April 4, 2008)

VIVUS, INC. LELAND F. WILSON EMPLOYMENT AGREEMENT (Filed With SEC on December 24, 2007)

CHANGE OF CONTROL AND SEVERANCEAGREEMENT (Filed With SEC on December 24, 2007)

MASTER SERVICES AGREEMENT Between Medpace Inc. an Ohio Corporation 4620 Wesley Avenue Cincinnati, Ohio45212 (MEDPACE) and VIVUS, Inc. a Delaware Corporation 1172 Castro Street... (Filed With SEC on September 18, 2007)

ASSETPURCHASE AGREEMENT by and among K-V PHARMACEUTICAL COMPANY and VIVUS, INC. dated as of March 30, 2007 (Filed With SEC on May 21, 2007)

AMENDMENT FOUR TO THE MANUFACTURING AGREEMENT BY AND BETWEEN VIVUS AND CHINOIN (Filed With SEC on May 8, 2007)

TERMINATION AND RELEASE (Filed With SEC on May 4, 2007)

VIVUS,Inc PerformanceIncentive Plan Fiscal 2007 (Filed With SEC on April 26, 2007)

SECURITIESPURCHASE AGREEMENT (Filed With SEC on November 17, 2006)

BYAND BETWEEN CASTRO MOUNTAIN VIEW, LLC, a California limited liabilitycompany; THOMAS A. LYNCH; JOLEN FLORES AND TRUDY MOLINA FLORES JOINTLIVING TRUST DATED APRIL 3, 2001;... (Filed With SEC on November 7, 2006)

VIVUS, INC. 2001 STOCK OPTION PLAN (As Amended on July 12, 2006) (Filed With SEC on July 13, 2006)

VIVUS,INC. 2001 STOCK OPTION PLAN NOTICE OF GRANT OFRESTRICTED STOCK UNITS (Filed With SEC on July 13, 2006)

SECURITIESPURCHASE AGREEMENT (Filed With SEC on May 11, 2006)

FIRST AMENDMENTAND WAIVER MANUFACTURE ANDSUPPLY AGREEMENT EFFECTIVE FEBRUARY13, 2006 (Filed With SEC on May 4, 2006)

TERM LOAN AGREEMENT (Filed With SEC on January 6, 2006)

COMMERCIALMORTGAGE NOTE (for use in New Jersey) CROWN BANK, N.A. (Filed With SEC on January 6, 2006)

MORTGAGEAND SECURITY AGREEMENT CROWN BANK,N.A. (Filed With SEC on January 6, 2006)

AGREEMENTFOR SALE OF REAL ESTATE (735 Airport Road) (Filed With SEC on December 23, 2005)

AGREEMENTFOR SALE OF REAL ESTATE (745 Airport Road) (Filed With SEC on December 23, 2005)

Amendment to Distribution & Supply Agreement of November 20th,2000 between Vivus International, Ltd. and Paladin Labs Inc. (Filed With SEC on March 16, 2005)

6,250,000 Shares VIVUS, INC. Shares of Common Stock $0.001 par value UNDERWRITING AGREEMENT (Filed With SEC on March 11, 2005)

Current assets (Filed With SEC on August 9, 2001)

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VIVUS INC Contracts & Agreements