AGREEMENT REGARDING CONVERTIBLE NOTESConvertible Notes Agreement • May 1st, 2020 • Vivus Inc • Pharmaceutical preparations • New York
This AGREEMENT (this “Agreement”), dated as of April 29, 2020 and effective as of the Effective Date (as defined herein), is by and between VIVUS, INC., a Delaware corporation (the “Company”), and Icahn Enterprises Holdings L.P. (dba IEH Biopharma LLC), the holder of the Convertible Notes (as defined below) signatory hereto (the “Holder”). Reference is hereby made to the Indenture, dated as of May 21, 2013 (as amended and supplemented, the “Indenture”), by and among the Company and Deutsche Bank Trust Company Americas, as trustee (the “Trustee”) for the holders of the 4.50% Convertible Senior Notes Due 2020 (“Convertible Notes”) issued pursuant to the Indenture. Capitalized terms used but not defined herein shall have the respective meanings given to such terms in the Indenture.
