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VIVUS Announces Closing of $65 Million Registered Direct Offering of Common Stock

2008-08-06 10:15:00

VIVUS Announces Closing of $65 Million Registered Direct Offering of Common Stock

MOUNTAIN VIEW, Calif.–(EMWNews)–VIVUS, Inc. (NASDAQ: VVUS) announced today that it has consummated the

previously announced registered direct offering of 8,365,508 shares of

its common stock to a select group of institutional investors at $7.77

per share. The offering resulted in net proceeds of approximately $63.4

million.

The shares described above were offered by VIVUS pursuant to a

registration statement previously filed and declared effective by the

Securities and Exchange Commission on May 29, 2008.

We are pleased that we were able to involve a

group of high-quality, new and existing investors in this financing,

said Leland Wilson, president & CEO of VIVUS. We

look forward to being able to use the proceeds of the offering to

advance our late stage investigational product candidates, including

Qnexa that is under clinical development to treat obesity and diabetes.

This press release shall not constitute an offer to sell or the

solicitation of an offer to buy any of the securities described herein,

nor shall there be any sale of these securities in any state or

jurisdiction in which such offer, solicitation or sale would be unlawful

prior to registration or qualification under the securities laws of any

such state or jurisdiction. Copies of the prospectus supplement and

accompanying base prospectus relating to this offering may be obtained

at the SEC’s website at http://www.sec.gov.

About VIVUS

VIVUS, Inc. is a pharmaceutical company dedicated to the development and

commercialization of novel therapeutic products. The current portfolio

includes investigational product candidates under development to address

obesity, diabetes and sexual health, including: Qnexa,

for which phase 3 studies for the treatment of obesity have been

initiated and a phase 2 study for the treatment of type 2 diabetes has

been completed; Luramist (Testosterone MDTS®),

for which a phase 2 study has been completed for the treatment of

Hypoactive Sexual Desire Disorder (HSDD); and avanafil, for which a

phase 2 study has been completed for the treatment of erectile

dysfunction (ED). MUSE® is approved and

currently on the market for the treatment of ED. For more information on

clinical trials and products, please visit the companys

web site at http://www.vivus.com/.

Certain statements in this press release are forward-looking within

the meaning of the Private Securities Litigation Reform Act of 1995.

These statements may be identified by the use of forward-looking words

such as “anticipate,” “believe,” “forecast,” “estimated” and “intend,”

among others. These forward-looking statements are based on VIVUS’

current expectations and actual results could differ materially. There

are a number of factors that could cause actual events to differ

materially from those indicated by such forward-looking statements.

These factors include, but are not limited to, substantial competition;

uncertainties of patent protection and litigation; uncertainties of

government or third party payer reimbursement; reliance on sole source

suppliers; limited sales and marketing efforts and dependence upon third

parties; risks related to the development of innovative products; and

risks related to failure to obtain FDA clearances or approvals and

noncompliance with FDA regulations. As with any pharmaceutical under

development, there are significant risks in the development, regulatory

approval and commercialization of new products. There are no guarantees

that future clinical studies discussed in this press release will be

completed or successful or that any product will receive regulatory

approval for any indication or prove to be commercially successful.

VIVUS does not undertake an obligation to update or revise any

forward-looking statement. Investors should read the risk factors set

forth in VIVUS’ Form 10-K for the year ended December 31, 2007 and

periodic reports filed with the Securities and Exchange Commission.

VIVUS, Inc.
Timothy E. Morris, 650-934-5200
Chief

Financial Officer
or
The Trout Group
Ian Clements

(SF), 415-392-3385
Brian Korb (NYC), 646-378-2923

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Blake Masterson

Freelance Writer, Journalist and Father of 5

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