WWW.EXFILE.COM - 12805 - VIVUS, INC. - FORM 8-K

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): July 22, 2004

VIVUS, INC
(EXACT NAME OF REGISTRANT AS SPECIFIED IN ITS CHARTER)

COMMISSION FILE NUMBER: 0–23490

DELAWARE
(STATE OR OTHER JURISDICTION OF
INCORPORATION OR ORGANIZATION)		   94–3136179
(I.R.S. EMPLOYER
IDENTIFICATION NO.)

 

1172 CASTRO STREET
MOUNTAIN VIEW, CA
(ADDRESS OF PRINCIPAL EXECUTIVE OFFICES		    
94040
(ZIP CODE)

 

(650) 934–5200
(REGISTRANT’S TELEPHONE NUMBER, INCLUDING AREA CODE)

 

N/A
(FORMER NAME, FORMER ADDRESS AND FORMER FISCAL YEAR, IF CHANGED SINCE LAST REPORT)



Item 7.  Financial Statements and Exhibits.

(c)  

Exhibit
Number		   Description
     
99.1   Press Release dated July 21, 2004 regarding the financial results for the three and six months ended June 30, 2004.

Item 12.  Results of Operations and Financial Condition.

        The information in this section, including the information contained in the press release included as Exhibit 99.1 hereto, is being furnished pursuant to this Item 12 and shall not deemed to be “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities of that Section. In addition, this information shall not be deemed to be incorporated by reference into any of the Registrant’s filings with the Securities and Exchange Commission, except as shall be expressly set forth by specific reference in any such filing.

        On July 21, 2004, VIVUS, Inc. announced its financial results for the fiscal quarter and six month period ended June 30, 2004. A copy of the July 21, 2004 press release announcing these financial results is included as Exhibit 99.1 hereto.

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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 thereunto duly authorized.

Date: July 22, 2004

  VIVUS, INC.    
 
 
 
 
/s/ LARRY J. STRAUSS   
Larry J. Strauss
Vice President and Chief Financial Officer
 
 
 
 
/s/ LELAND F. WILSON   
Leland F. Wilson
President and Chief Executive Officer
 

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VIVUS, INC.

INDEX TO EXHIBITS
The following exhibits are filed herewith:

Exhibit   Description
     
99.1   Press Release dated July 21, 2004 regarding the financial results for the three and six months ended June 30, 2004 and certain other information.

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