Bloomberg News

Vivus Holders Advised by ISS to Elect 3 First Manhattan Nominees

July 05, 2013

Vivus Inc. (VVUS:US)’s largest stockholder, First Manhattan Co., said three of the nine directors it nominated to the drugmaker’s board are being recommended for approval by proxy adviser Institutional Shareholder Services.

ISS advised investors to vote for Alex Denner, Michael Astrue and David Norton at Mountain View, California-based Vivus’s July 15 annual meeting. The “recommendation falls short of what Vivus’ stockholders need to fix the company: an immediate and complete change of leadership,” Sam Colin, senior managing partner at First Manhattan, said in a statement.

First Manhattan, which holds 9.9 percent of the outstanding stock, has criticized Vivus’s handling of early sales of the obesity drug Qsymia and said that the board hasn’t acted independently. Vivus said today that another advisory firm, Glass Lewis, recommended shareholders reject First Manhattan’s slate of nominees to the board.

“As recognized by both Glass Lewis and ISS, the Vivus board and management team have made substantial progress in laying the foundation for Qsymia and have a clear plan to build a successful brand,” Vivus said in its statement. “Vivus’s progress has not gone without notice.”

Vivus shares have sunk 53 percent since Qsymia was approved by the U.S. Food and Drug Administration in July 2012. The stock declined 2.2 percent to $12.31 on July 3.

Earlier this week, First Manhattan said Anthony Zook, a former AstraZeneca Plc (AZN) executive, had agreed to serve as chief executive officer of Vivus if First Manhattan gained control of the board.

To contact the reporter on this story: Meg Tirrell in New York at

To contact the editor responsible for this story: Reg Gale at

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