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Julie Cohen
Director of Marketing and Communications
212.701.3614
jcohen@cahill.com

Cahill Represents Underwriters in $109 Million Common Stock Offering By VIVUS

Date: 09/23/09

Cahill represented J.P.Morgan as sole book-running manager; and JMP Securities, Lazard Capital Markets, and Merriman Curhan Ford as co-managers, in connection with the public offering of 9,000,000 shares of common stock of biopharmaceutical company VIVUS, Inc. Prior to closing, the underwriters exercised their option to purchase an additional 1,350,000 shares of common stock. As a result, the Company sold a total of 10,350,000 shares for gross proceeds of $108,675,000. The proceeds will be used for research and development and for general corporate purposes.

Julie Cohen
Director of Marketing and Communications
212.701.3614
jcohen@cahill.com