Davis Polk acted as special product counsel for Deutsche Bank Securities Inc. as sole book-running manager and representative of the initial purchasers in connection with a Rule 144A offering by VIVUS, Inc. of $220 million aggregate principal amount of 4.5% convertible senior notes due 2020. In addition, Davis Polk advised Deutsche Bank AG, London Branch as counterparty to a capped call transaction with VIVUS in connection with the convertible notes offering.
Headquartered in Mountain View, California, VIVUS is a pharmaceutical company dedicated to commercializing and developing innovative therapies to address unmet needs in obesity and sexual health. It has two FDA approved therapies, Qsymia and STENDRA.
The Davis Polk corporate team included partners Ray Ibrahim and Mark M. Mendez and associates Trevor L. Gleason, Katharine O’Banion and Stephen Cho. The tax team included partner Lucy W. Farr and associate Yuliya Epifantseva. All members of the Davis Polk team are based in the New York office.
