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VIVUS Reports Third Quarter 2009 Highlights and Financial Results
Date:11/3/2009

------ ------ Commitments and contingencies Stockholders' equity: Common stock; $.001 par value; shares authorized 200,000; shares outstanding - 80,548 at September 30, 2009; 69,667 at December 31, 2008 81 70 Additional paid-in capital 419,547 310,558 Accumulated other comprehensive income 152 354 Accumulated deficit (220,848) (179,769) -------- -------- Total stockholders' equity 198,932 131,213 ------- ------- Total liabilities and stockholders' equity $242,460 $207,622 ======== ======== *The Condensed Consolidated Balance Sheet at December 31, 2008 has been derived from the Company's audited financial statements at that date.
    CONTACT:

    VIVUS, Inc.               Investor Relations:  The Trout Group
    Timothy E. Morris                              Brian Korb
    Chief Financial Officer                        646-378-2923
    650-934-5200
                              Media Relations:     Pure Communications, Inc.
                                                   Dan Budwick
                                                   +1-973-271-6085

SOURCE VIVUS, Inc.


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