0001104659-13-043563 Sample Contracts

VIVUS, INC. AND DEUTSCHE BANK TRUST COMPANY AMERICAS, as Trustee INDENTURE Dated as of May 21, 2013 4.50% Convertible Senior Notes due 2020
Indenture • May 21st, 2013 • Vivus Inc • Pharmaceutical preparations • New York

INDENTURE dated as of May 21, 2013 between VIVUS, Inc., a Delaware corporation, as issuer (the “Company,” as more fully set forth in Section 1.01) and Deutsche Bank Trust Company Americas, a New York banking corporation, as trustee (the “Trustee,” as more fully set forth in Section 1.01).

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