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Published on 9/9/2015 in the Prospect News Convertibles Daily and Prospect News Liability Management Daily.

Icahn Enterprises tenders for Vivus’ 4.5% convertible notes due 2020

New York, Sept. 9 – Icahn Enterprises LP announced a cash tender offer for the 4.5% convertible senior notes due 2020 issued by Vivus, Inc.

Icahn Enterprises is offering $680 per $1,000 principal amount of the notes plus accrued interest up to but excluding the settlement date, according to a news release.

The offer ends at 5 p.m. ET on Oct. 7.

Under the terms of the offer, Icahn Enterprises will not be obliged to buy any notes unless at least a majority is tendered.

Icahn Enterprises is making the offer through its subsidiary IEH Biopharma LLC.

D.F. King & Co., Inc. (800 515-4507, banks and brokers call 212 269-5550) is information agent, and Continental Stock Transfer & Trust Co. (917 262-2378) is depositary.

Icahn Enterprises is a New York-based investment holding company. Vivus is a Mountain View, Calif.-based pharmaceutical company focused on treatments for obesity and sexual dysfunction.


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