FORM 4
[ ] Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b).         
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES
                                                                                  
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Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934 or Section 30(h) of the Investment Company Act of 1940
                      

1. Name and Address of Reporting Person *

NORTH TIDE CAPITAL, LLC
2. Issuer Name and Ticker or Trading Symbol

VIVUS INC [ VVUS ]
5. Relationship of Reporting Person(s) to Issuer (Check all applicable)

_____ Director                      __ X __ 10% Owner
_____ Officer (give title below)      _____ Other (specify below)
(Last)          (First)          (Middle)

500 BOYLSTON STREET, SUITE 1860
3. Date of Earliest Transaction (MM/DD/YYYY)

2/6/2017
(Street)

BOSTON, MA 02116
(City)        (State)        (Zip)
4. If Amendment, Date Original Filed (MM/DD/YYYY)

 
6. Individual or Joint/Group Filing (Check Applicable Line)

___ Form filed by One Reporting Person
_ X _ Form filed by More than One Reporting Person

Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned
1.Title of Security
(Instr. 3)
2. Trans. Date 2A. Deemed Execution Date, if any 3. Trans. Code
(Instr. 8)
4. Securities Acquired (A) or Disposed of (D)
(Instr. 3, 4 and 5)
5. Amount of Securities Beneficially Owned Following Reported Transaction(s)
(Instr. 3 and 4)
6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) 7. Nature of Indirect Beneficial Ownership (Instr. 4)
Code V Amount (A) or (D) Price
Common Stock   2/6/2017     S    28027   D $1.1040   13480800   I   (1) See Footnote   (1) (2)
Common Stock   2/7/2017     S    6200   D $1.1066   13474600   I   (1) See Footnote   (1) (3)
Common Stock   2/8/2017     S    508049   D $1.06   12966551   I   (1) See Footnote   (1) (4)
Common Stock   2/8/2017     S    21251   D $1.0922   12945300   I   (1) See Footnote   (1) (5)

Table II - Derivative Securities Beneficially Owned ( e.g. , puts, calls, warrants, options, convertible securities)
1. Title of Derivate Security
(Instr. 3)
2. Conversion or Exercise Price of Derivative Security 3. Trans. Date 3A. Deemed Execution Date, if any 4. Trans. Code
(Instr. 8)
5. Number of Derivative Securities Acquired (A) or Disposed of (D)
(Instr. 3, 4 and 5)
6. Date Exercisable and Expiration Date 7. Title and Amount of Securities Underlying Derivative Security
(Instr. 3 and 4)
8. Price of Derivative Security
(Instr. 5)
9. Number of derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4) 10. Ownership Form of Derivative Security: Direct (D) or Indirect (I) (Instr. 4) 11. Nature of Indirect Beneficial Ownership (Instr. 4)
Code V (A) (D) Date Exercisable Expiration Date Title Amount or Number of Shares

Explanation of Responses:
( 1)  North Tide Capital, LLC ("North Tide") serves as investment manager for North Tide Capital Master, LP (the "Master Fund") and a managed account (the "Account"). Each of the Reporting Persons disclaims beneficial ownership of the shares reported herein except to the extent of its or his pecuniary interest therein, and the filing of this Form 4 shall not be construed as an admission that any of the Reporting Persons is the beneficial owner of any such shares for purposes of Section 16(a) of the Securities Exchange Act of 1934 or for any other purpose.
( 2)  Of the shares sold on February 6, 2017, 25,917 shares were held for the account of the Master Fund, 2,110 shares were held for the Account of the Account, and all of such shares may be deemed to have been beneficially owned by North Tide and Mr. Laughlin.
( 3)  Of the shares sold on February 7, 2017, 5,733 shares were held for the account of the Master Fund, 467 shares were held for the Account of the Account, and all of such shares may be deemed to have been beneficially owned by North Tide and Mr. Laughlin.
( 4)  Of the shares sold on February 8, 2017 at a price of $1.06 per share, 469,801 shares were held for the account of the Master Fund, 38,248 shares were held for the Account of the Account, and all of such shares may be deemed to have been beneficially owned by North Tide and Mr. Laughlin.
( 5)  Of the shares sold on February 8, 2017 at a price of $1.0922 per share, 19,651 shares were held for the account of the Master Fund, 1,600 shares were held for the Account of the Account, and all of such shares may be deemed to have been beneficially owned by North Tide and Mr. Laughlin. As of February 8, 2017, 11,347,145 shares were held for the account of the Master Fund, 1,598,155 shares were held for the account of the Account, and all of such shares may be deemed beneficially owned by North Tide and Mr. Laughlin.

Reporting Owners
Reporting Owner Name / Address
Relationships
Director 10% Owner Officer Other
NORTH TIDE CAPITAL, LLC
500 BOYLSTON STREET
SUITE 1860
BOSTON, MA 02116

X

North Tide Capital Master, LP
500 BOYLSTON STREET
SUITE 1860
BOSTON, MA 02116

X

Laughlin Conan
500 BOYLSTON STREET
SUITE 1860
BOSTON, MA 02116
X X


Signatures
/s/ NORTH TIDE CAPITAL, LLC by Conan Laughlin, Manager 2/8/2017
** Signature of Reporting Person Date

/s/ NORTH TIDE CAPITAL MASTER, LP, by North Tide Capital GP, LLC, Conan Laughlin, Manager 2/8/2017
** Signature of Reporting Person Date

/s/ Conan Laughlin, Individually 2/8/2017
** Signature of Reporting Person Date


Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly.
* If the form is filed by more than one reporting person, see Instruction 4(b)(v).
** Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a).
Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure.
Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number.
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