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VIVUS, First Manhattan And Sarissa Capital Announce Settlement Agreement

Dr. Colin, Senior Managing Partner at FMC, said, "We are grateful for the strong support we have received from VIVUS stockholders. The new Board and Tony Zook share a strong commitment to realizing VIVUS's true potential and putting the Company on a trajectory of growth and value creation.

"We, along with all stockholders, want to acknowledge the enormous accomplishments of Leland Wilson and Peter Tam in identifying and developing the most efficacious obesity drug ever. As a founding CEO, over the past 22 years, Leland has secured four drug approvals, an unheard-of achievement for a small pharmaceutical company.  He has taken VIVUS from start-up to what it is today.  The VIVUS team, led by Leland and Peter, stuck together through thick and thin over two decades surmounting scientific and financial challenges that would have flattened most organizations," Dr. Colin concluded.

Mr. Logan, the Chairman of VIVUS's Board, said, "We are pleased to reach this settlement, which we believe is in the best interest of all VIVUS stockholders.  First Manhattan has an outstanding reputation and an impressive record as a long-term value investor. First Manhattan has been an investor in VIVUS since 2008 and shares our commitment to building Qsymia into a top-selling brand and creating value for all of our stakeholders.  We look forward to working with the new Board to capitalize on VIVUS's tremendous potential."

Mr. Denner, Chief Investment Officer of Sarissa Capital added, "We think this equitable settlement is in the best interest of all stockholders and we look forward to working with the Board and management team to realize the full potential of VIVUS."

Mr. Zook, who is expected to be VIVUS's new Chief Executive Officer, said, "I am excited about the enormous opportunity before us. Qsymia has the potential to improve the quality of life for millions of people. I look forward to working with the new Board and the many exceptionally talented people at VIVUS to bring an exciting medicine to people who can benefit from it most."

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