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VIVUS Inc. Message Board

  • atlnsider atlnsider Aug 28, 2012 10:26 PM Flag

    Vivus Filed Stendra Partner List With The SEC

    Vivus has already filed a list of potential Stendra partners with the SEC. This is a final list of all of the big pharma companies that Vivus has had serious, substantive and meaningful partnership discussions with. This is a list of the final partnership contenders.

    If you look at the 8-K that Vivus filed with the SEC on August 7th, you will see the following Amendment to the Avanafil / Stendra agreement between Vivus and Mitsubishi Tanabe Pharma Corporation (MTPC):

    "24.2 This AGREEMENT shall be binding upon and inure to the benefit of MTPC and VIVUS and their respective successors and assignees, provided that any such successor or assignee shall have acquired all or substantially all of the stock or assets of the predecessor by merger, purchase or otherwise. Otherwise, the rights and obligations set forth in this AGREEMENT shall not be assignable to Non-AFFILIATES without the prior consent in writing of the other party hereto, such consent not to be unreasonably withheld; provided, however, that VIVUS may assign, in whole or in part, its rights and obligations under the AGREEMENT by way of assignment or sublicense to any THIRD PARTY identified on Appendix G hereto or such THIRD PARTY’s affiliates (the “ Partner List ”). MTPC will have *** to review and comment on the Partner List after which time it will be valid for a period of ***; provided that VIVUS may propose the addition of a new THIRD PARTY at anytime in writing.”

    Vivus has already submitted and filed the Stendra "Partner List" with the SEC as Appendix-G.

    The names of the pharmaceutical companies on the "Partner List" (Appendix-G) is treated as confidential information by Vivus and the SEC. These names will not be disclosed until a definitive partnership agreement has been signed by Vivus and its Stendra partner(s).

    Take a look at Section 17, and the list of attachments. Here is the link to the SEC filing:


    http://yahoo.brand.edgar-online.com/displayfilinginfo.aspx?FilingID=8765801-3653-4897&type=sect&TabIndex=2&companyid=3684&ppu=%252fdefault.aspx%253fcik%253d881524


    I think that it is interesting that this agreement between Vivus and MTPC will automatically transfer to any company (big pharma) that "acquire all or substantially all of the stock or assets of Vivus by merger, purchase or otherwise.

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    • maryrichards727@rocketmail.com maryrichards727 Jan 27, 2013 8:49 PM Flag

      you are a wonderful pumper for the shorts. thank you!

      Sentiment: Strong Sell

      • 1 Reply to maryrichards727
      • Five months later: Mr At basically does not post here anymore; the PPS has taken a gigantic hit; and Stendra still sits there languishing. These are facts--not speculation. Your own boss won;t tell ya what he is doing with it other than his canned language to keep your hopes up! You can;t spin positive vibes on something sitting there doing spit! You can;t factor it into your PPS as it atrophies with no progress for a year?

        What makes you people think Stendra is all that and desired or you could easily partner it for big bucks, or you could sell it off for big bucks. The facts are it faces serious entrenched deep-pocketed competition in that indication---period! It would take some serious stones to go up against the entries now and even more money---that does not describe your CEO. It wouldn;t be sitting on a shelf for the better part of a year unlaunched if there were not negative issues involved launching it.

        Any deal of any kind is very likely to be weak and its chances sure do seem weak as well---after all its been about a year folks! And VVUS won;t launch it---what does that say? Its not in demand like some hot rock group!

        JMO

        kutz

        Sentiment: Sell

    • QQQQQQ

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    • good info!

      Sentiment: Strong Buy

    • EU approval in 3 weeks, then $30 will be the new base..

    • A buyout could be contingent on the results of the September 21 CHMP decision.

      • 4 Replies to mooky8639
      • Buyout is immanent.

      • If a buyout is indeed simmering in the background, I do not believe that it is contingent on an EU decision. Please Note that I am not saying that it will happen before the EU CHMP, but remembering that for Stendra alone there were more BP's than the fingers on a hand (ie, six or more) and that since only ONE BP can marry the bride Vvus I would have to conclude that a deal should be very immenient If a buyout is too occurr near term. Also, factoring in that Vvus is already approved by the FDA, JPMorgan several weeks ago estimated an 80% chance of EU approval. I think JPMorgan is being somewhat conservative in their estimate which I think is more like 90+%. Assuming that there are just two serious contenders who are earnst about scooping up the whole company, someone must inevitably lose out and any possible suitors certainly know that quite well. We should hopefully get some type of further news or company progress on Vvus at the conference next Weds. Any real company news or guidance will certainly illuminate what is likely to happen near term. That is to say that if we hear than Vvus is parntering or has partnered Stendra and talking with or has partnered Q with a BP for EU distribution and provides more clarity on its own efforts at a U.S. launch, then any near term (at least several quarters to as much as a year) buyout probability is greatly diminished. If on the other hand there is no definite word on Stendra and some talk of company plans to launch Vvus in the U.S. (which could easily be abandoned with little cost or effort), I personally will conclude that Vvus is in advanced buyout talks which could be announced at any time. Please note that the above reasoning is my specualtion and conjecture concering the possibility of a buyout, it remains to be seen however if anyone is actually knocking at the door. At any rate, if a buyout is simmering, it may happen after the EU decision but I dont believe its occurrence after the EU decision would be due to awaiting the EU approval decision, but rather due to Vvus playing one suitor off against another and the complex contractual matters that would need to be finalized. If there are one or more serious suitors, then a buyout should materialize very shortly. We shall see.

      • That's my guess too. What company would pay good money without having all the info? I'm sure Vivus is sticking to a nice high number, with the assumption they get approval in EU, and the BP company is currently unwilling to pay that amount until approval is certain. Buyout at high amount before EU approval is a gamble and one that BP is obviously not willing to take.

      • Mooky, that is exactly what I have been thinking for quite awhile now. Hope you are right!!!!

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VVUS
2.69-0.05(-1.82%)Jan 26 4:00 PMEST

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