0001558370-19-001077 Sample Contracts

AMENDMENT NO. 1 TO COLLATERAL AGREEMENT
Collateral Agreement • February 26th, 2019 • Vivus Inc • Pharmaceutical preparations

This AMENDMENT NO. 1 TO COLLATERAL AGREEMENT, dated as of July 6, 2018 (this “Amendment”), is entered into by and between VIVUS, Inc., a Delaware corporation (“Issuer”), U.S. Bank National Association, as Trustee (“Trustee”) and U.S. Bank National Association, as Collateral Agent (“Collateral Agent”).

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Vivus Inc • February 26th, 2019 • Pharmaceutical preparations

*** Indicates material that was omitted and for which confidential treatment was requested. all such omitted material was filed separately with the securities and exchange commission pursuant to rule 24B-2 promulgated under the securities exchange act of 1934, as amended.

AMENDMENT NO. 2 TO COLLATERAL AGREEMENT
Collateral Agreement • February 26th, 2019 • Vivus Inc • Pharmaceutical preparations

This AMENDMENT NO. 2 TO COLLATERAL AGREEMENT, dated as of October 11, 2018 (this “Amendment”), is entered into by and between VIVUS, Inc., a Delaware corporation (“Issuer”), U.S. Bank National Association, as Trustee (“Trustee”) and U.S. Bank National Association, as Collateral Agent (“Collateral Agent”).

AMENDMENT NO. 3 TO COLLATERAL AGREEMENT
Collateral Agreement • February 26th, 2019 • Vivus Inc • Pharmaceutical preparations

This AMENDMENT NO. 3 TO COLLATERAL AGREEMENT, dated as of December 7, 2018 (this “Amendment”), is entered into by and between VIVUS, Inc., a Delaware corporation (“Issuer”), U.S. Bank National Association, as Trustee (“Trustee”) and U.S. Bank National Association, as Collateral Agent (“Collateral Agent”).

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