Sec Form 4 Filing - NORTH TIDE CAPITAL, LLC @ VIVUS INC - 2016-03-29

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 Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(h) of the Investment Company Act of 1940

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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/YY) 03/29/2016 (Street) BOSTON, MA02116 4. If Amendment, Date Original Filed (MM/DD/YY) 6. Individual or Joint/Group Filing (Check Applicable Line) _____ Form filed by One Reporting Person __ X __ Form filed by More than One Reporting Person (City) (State) (Zip)

Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned 1.Title of Security (Instr. 3) 2. Transaction Date (MM/DD/YY) 2A. Deemed Execution Date, if any (MM/DD/YY) 3. Transaction 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 03/29/2016 P 11,000 A $ 1.1312 13,213,000 I See Footnote ( 1 ) ( 2 ) ( 3 ) Common Stock 03/29/2016 P 100,000 A $ 1.214 13,313,000 I See Footnote ( 1 ) ( 2 ) ( 3 ) Common Stock 03/30/2016 P 100,000 A $ 1.2545 13,413,000 I See Footnote ( 1 ) ( 2 ) ( 3 ) Common Stock 03/31/2016 P 172,300 A $ 1.3594 13,585,300 I See Footnote ( 1 ) ( 2 ) ( 3 )

Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned ( e.g. , puts, calls, warrants, options, convertible securities) 1. Title of Derivative Security (Instr. 3) 2. Conversion or Exercise Price of Derivative Security 3. Transaction Date (MM/DD/YY) 3A. Deemed Execution Date, if any (MM/DD/YY) 4. Transaction 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 (MM/DD/YY) 7. Title and Amount of Underlying Securities (Instr. 3 and 4) 8. Price o f 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

Reporting Owners Reporting Owner Name / Address Relationships Director 10% Owner Officer Other NORTH TIDE CAPITAL, LLC 500 BOYLSTON STREET SUITE 1860 BOSTON, MA02116 X North Tide Capital Master, LP 500 BOYLSTON STREET SUITE 1860 BOSTON, MA02116 X Laughlin Conan 500 BOYLSTON STREET SUITE 1860 BOSTON, MA02116 X Signatures /s/ NORTH TIDE CAPITAL MASTER, LP, by North Tide Capital GP, LLC, Conan Laughlin, Manager 03/31/2016 Signature of Reporting Person Date /s/ NORTH TIDE CAPITAL, LLC by Conan Laughlin, Manager 03/31/2016 Signature of Reporting Person Date /s/ Conan Laughlin, Individually 03/31/2016 Signature of Reporting Person Date

Explanation of Responses:

( 1 )Shares reported herein represent: as of March 29, 2016, (i) 11,734,750 shares held by North Tide Capital Master, LP (the "Master Fund") and (ii) 1,578,250 shares held by a managed account (the "Account); as of March 30, 2016, (i) 11,809,750 shares held by the Master Fund and (ii) 1,603,250 shares held by the Account. North Tide Capital, LLC ("North Tide") serves as investment manager for the Master Fund and the Account; and as of March 31, 2016, (i) 11,938,975 shares held by the Master Fund and (ii) 1,646,325 shares held by the Account. Mr. Laughlin serves as manager of North Tide. ( 2 )Of the shares purchased on March 29, 2016 at a price of $1.1323 per share, 8,250 shares were held for the account of the Master Fund, 2,750 shares were held for the account of the Account; and of the shares purchased on March 29, 2016 at a price of $1.214 per share, 75,000 shares were held for the account of the Master Fund, 25,000 shares were held for the account of the Account. Of the shares purchased on March 30, 2016, 75,000 shares were held for the account of the Master Fund, 25,000 shares were held for the account of the Account. Of the shares purchased on March 31, 2016, 129,225 shares were held for the account of the Master Fund, 43,075 shares were held for the account of the Account. All of such shares may be deemed beneficially owned by North Tide and Mr. Laughlin. ( 3 )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.

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).

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