J.P. Morgan Securities LLC is acting as sole book-running manager of the offering. BofA Merrill Lynch, JMP Securities LLC, Needham & Company, LLC and Rodman & Renshaw, LLC are acting as co-managers of the offering. Trout Capital LLC acted as an advisor to the Company.The offering is being made pursuant to an effective shelf registration statement. This announcement does not constitute an offer to sell or a solicitation of an offer to buy, nor shall there be any sale of these securities in any state or jurisdiction in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such state or jurisdiction. This press release is being issued pursuant to and in accordance with Rule 134 under the Securities Act of 1933, as amended. Any offer, if at all, will be made only by means of a prospectus supplement and accompanying prospectus forming a part of the effective registration statement. A copy of the final prospectus supplement and accompanying prospectus relating to the offering, when available, may be obtained by contacting J.P. Morgan Securities LLC, c/o Broadridge Financial Solutions, 1155 Long Island Avenue, Edgewood, New York 11717 (telephone number: 866-803-9204) or on the SEC's website at www.sec.gov. About VIVUS VIVUS is a biopharmaceutical company developing therapies to address obesity, sleep apnea, diabetes and male sexual health. Certain of the statements made in this press release are forward looking, such as those, among others, relating to VIVUS' expectations related to Vivus' planned use of proceeds and satisfaction of closing conditions related to the public offering. There can be no assurance that Vivus will be able to complete the public offering on the anticipated terms, or at all. Additional risks and uncertainties relating to the proposed offering, VIVUS and its business can be found under the heading "Risk Factors" in VIVUS' Annual Report on Form 10-K for the year ended December 31, 2011, and in the final prospectus supplement related to the public offering to be filed with the Securities and Exchange Commission. VIVUS disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.
About Rodman & Renshaw, LLCRodman & Renshaw Capital Group, Inc. (NASDAQ: RODM) is a holding company with a number of direct and indirect subsidiaries, including Rodman & Renshaw, LLC. Rodman & Renshaw is a full-service investment bank dedicated to providing corporate finance, strategic advisory and related services to public and private companies across multiple sectors and regions. Rodman also provides research and sales and trading services to institutional investors. Rodman is the leader in the PIPE (private investment in public equity) and RD (registered direct offering) transaction markets. According to Sagient Research Systems, Rodman has been ranked the #1 Placement Agent in terms of the aggregate number of PIPE and RD financing transactions completed every year since 2005. For more information visit Rodman & Renshaw on the Internet at www.rodm.com. MEMBER FINRA, SIPC