VIVUS, Inc. is contemplating filing for bankruptcy, as of June 2, 2020. According to company press release, VIVUS, Inc. has until June 30, 2020 to complete a financing to pay in full in cash all amounts due and owing under the Convertible Notes as well as the payment in full in cash of all of the Supporting Noteholder’s reasonable documented fees and expenses, including attorneys’ fees. If the Company fails to do the needful, it will file petitions for voluntary relief under chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the District of Delaware or other venue agreed to by the Company and the Supporting Noteholder on or before July 13, 2020. As per the restructuring support agreement entered on May 31, 2020 between VIVUS and Icahn Enterprises Holdings L.P., as the sole holder of the 4.50% Convertible Senior Notes due 2020, if the Company is unable to complete the Permitted Refinancing by the Permitted Refinancing Deadline, the Company will pursue a restructuring of the Company pursuant to a plan of reorganization.