CHANGE OF CONTROL AND SEVERANCE AGREEMENTSeparation Agreement and Release • June 24th, 2015 • Vivus Inc • Pharmaceutical preparations • California
This Second Amended and Restated Change of Control and Severance Agreement (the “Agreement”) is made and entered into effective as of , 2015, by and between (the “Employee”) and VIVUS, Inc., a Delaware corporation (the “Company”). [The Agreement amends, restates and replaces the Amended and Restated Change of Control and Severance Agreement previously entered into between Employee and the Company, which was dated , 2013 (the “Prior Agreement”).] [The Agreement supersedes and replaces the Participation Agreement previously entered into between Employee and the Company on with respect to the Change in Control and Severance Plan (the “Prior Agreement”).] [Remove bracketed sentence that is not applicable to Employee.]
