Vivus, Inc.
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(Name of Issuer)
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Common Stock, $.001 par value per share
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(Title of Class of Securities)
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928551100 |
(CUSIP Number)
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December 31, 2010
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(Date of Event which Requires Filing of this Statement)
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x | Rule 13d-1(b) | |
o | Rule 13d-1(c) | |
o | Rule 13d-1(d) |
CUSIP No. 928551100 |
13G
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Page 2 of 3 Pages
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1.
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NAMES OF REPORTING PERSONS
I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY)
Chilton Investment Company, LLC
87-0742367
|
|
2.
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CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (See Instructions)
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|
(a)
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o
|
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(b)
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x
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3.
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SEC USE ONLY
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4.
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CITIZENSHIP OR PLACE OF ORGANIZATION
State of Delaware
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NUMBER OF SHARES
BENEFICIALLY OWNED BY
EACH REPORTING PERSON
WITH
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5.
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SOLE VOTING POWER
5,933,092
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6.
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SHARED VOTING POWER
0
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7.
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SOLE DISPOSITIVE POWER
5,933,092
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8.
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SHARED DISPOSITIVE POWER
0
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9.
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AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
5,933,092
|
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10.
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CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES (See Instructions)
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o
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11.
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PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)
7.3%
|
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12.
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TYPE OF REPORTING PERSON (See Instructions)
IA
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CUSIP No. 928551100 |
13G
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Page 3 of 3 Pages
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Pursuant to Rule 13d-2(b) of Regulation 13D-G under the Securities Exchange Act of 1934, as amended, the Schedule 13G initially filed on February 14, 2005 by Chilton Investment Company, Inc. with respect to the Common Stock, $0.001 par value (the “Common Stock”), of Vivus, Inc., a Delaware corporation (the “Schedule 13G”), as amended by Amendment No. 1 to the Schedule 13G filed on February 14, 2006 by Chilton Investment Company, LLC (the “Reporting Person”), Amendment No. 2 to the Schedule 13G filed on June 9, 2006, Amendment No. 3 to the Schedule 13G filed on February 14, 2007, Amendment No. 4 to the Schedule 13G filed on February 14, 2008, Amendment No. 5 to the Schedule 13G filed on February 13, 2009 and Amendment No. 6 to the Schedule 13G filed on February 12, 2010, is hereby amended by this Amendme
nt No. 7 to the Schedule 13G to report a change in the information reported in the Schedule 13G. The Schedule 13G is hereby amended as follows:
Item 4 is hereby amended and restated in its entirety to read:
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Item 4.
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Ownership.
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(a) Amount beneficially owned: 5,933,092 shares
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(b) Percent of class: 7.3%
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(c) Number of shares as to which the person has:
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(i) Sole power to vote or to direct the vote: 5,933,092
(ii) Shared power to vote or to direct the vote: 0
(iii) Sole power to dispose or to direct the disposition of: 5,933,092
(iv) Shared power to dispose or to direct the disposition of: 0
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Chilton Investment Company, LLC
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|||
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By:
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/s/ James Steinthal | |
Name: James Steinthal
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Title: Executive Vice President | |||