SEC Info - First Manhattan Co, et al. - ‘SC 13D/A’ on 5/23/13 re: Vivus Inc

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First Manhattan Co, et al. – ‘SC 13D/A’ on 5/23/13 re: Vivus Inc – EX-12

On: Thursday, 5/23/13, at 5:11pm ET · Accession #: 902664-13-2340 · File #: 5-48777

  As Of                Filer                Filing    For·On·As Docs:Size              Issuer               Agent

 5/23/13  First Manhattan Co                SC 13D/A               3:267K Vivus Inc                         Schulte Roth & Z… LLP/FA
          David Norton
          First Biomed Management Associates, LLC
          First Manhattan Co.
          Herman Rosenman
          Jon C. Biro
          Melvin L. Keating
          Rolf Bass

Amendment to General Statement of Beneficial Ownership — Schedule 13D
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: SC 13D/A    First Manhattan Co.                                 HTML    102K 
 3: EX-12       Statement re: Computation of Ratios                 HTML     10K 
 2: EX-99       Exhibit 11                                          HTML     51K

EX-12 — Statement re: Computation of Ratios

This exhibit is an HTML Document rendered as filed. [ Alternative Formats ]

EXHIBIT 12

Joint Filing Agreement, dated May 23, 2013

PURSUANT TO RULE 13d-1(k)

The undersigned acknowledge and agree that the foregoing statement on Schedule 13D is filed on behalf of each of the undersigned and that all subsequent amendments to this statement on Schedule 13D may be filed on behalf of each of the undersigned without the necessity of filing additional joint filing agreements. The undersigned acknowledge that each shall be responsible for the timely filing of such amendments, and for the completeness and accuracy of the information concerning it contained herein and therein, but shall not be responsible for the completeness and accuracy of the information concerning the others, except to the extent that it knows that such information is inaccurate.

Dated: May 23, 2013

	First manhattan co. By first manhattan llc, General Partner


	By: /s/ *Neal K. Stearns*
	Name: Neal K. Stearns
	Title: Managing Member


	FIRST BIOMED MANAGEMENT ASSOCIATES, LLC By FIRST MANHATTAN CO., Co-Managing Member By FIRST MANHATTAN LLC, General Partner

	By: /s/ *Neal K. Stearns*
	Name: Neal K. Stearns Title: Managing Member


	By: /s/ *Herman Rosenman*
	Herman Rosenman


	By: /s/ *Jon C. Biro*
	Jon C. Biro


	By: /s/ *David York Norton*
	David York Norton


	By: /s/ *Rolf Bass*
	Rolf Bass



	By: /s/ *Melvin L. Keating*
	Melvin L. Keating

Dates Referenced Herein and Documents Incorporated by Reference

This ‘SC 13D/A’ Filing	Date	Other Filings

Filed on:	5/23/13	3, DFAN14A
		List all Filings

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Filing Submission 0000902664-13-002340 – Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)