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Case 20-11779-LSS Doc 381 Filed 11/30/20 Page 1 of 35 UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE ------------------------------------------------------------ x In re : Chapter 11 : VIVUS, INC., et al., : Case No. 20–11779 (LSS) : : Debtors.1 : (Jointly Administered) ------------------------------------------------------------ x AFFIDAVIT OF SERVICE I, Victoria X. Tran, depose and say that I am employed by Stretto, the claims & noticing agent for the Debtors in the above-captioned cases. On November 18, 2020, at my direction and under my supervision, employees of Stretto caused the following documents to be served via overnight mail on the service list attached hereto as Exhibit A, via first-class mail on the service list attached hereto as Exhibit B, and via electronic mail on the service list attached hereto as Exhibit C: Notice of Existing Stock Record Date in Connection with Second Amended Joint Chapter 11 Plan of Reorganization of VIVUS, Inc. and Its Affiliated Debtors (Docket No. 360) Notice of Filing of Amended and Restated Plan Supplement to Second Amended Joint Prepackaged Chapter 11 Plan of Reorganization of VIVUS, Inc. and Its Affiliated Debtors (Docket No. 367) Cover Letter (attached hereto as Exhibit D) Furthermore, on November 18, 2020, at my direction and under my supervision, employees of Stretto caused 150 copies of the following documents to be served via overnight mail on Mediant Communications Inc. at Attn: Stephany Hernandez, 100 Demarest Drive, Wayne, NJ 07470, Job # 1570914: Notice of Existing Stock Record Date in Connection with Second Amended Joint Chapter 11 Plan of Reorganization of VIVUS, Inc. and Its Affiliated Debtors (Docket No. 360) Notice of Filing of Amended and Restated Plan Supplement to Second Amended Joint Prepackaged Chapter 11 Plan of Reorganization of VIVUS, Inc. and Its Affiliated Debtors (Docket No. 367) ____________________________________________ 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor’s federal tax identification number, as applicable are: VIVUS, Inc. (6179); Vivus Pharmaceuticals Limited (9329); Vivus B.V. (1942); and Vivus Digital Health Corporation (0625). The Debtors’ corporate headquarters and service address is 900 E. Hamilton Avenue, Suite 550, Campbell, CA 95008. Case 20-11779-LSS Doc 381 Filed 11/30/20 Page 2 of 35 Case 20-11779-LSS Doc 381 Filed 11/30/20 Page 3 of 35 Exhibit A Case 20-11779-LSS Doc 381 Filed 11/30/20 Page 4 of 35 Exhibit A Served Via Overnight Mail Name Attention Address 1 Address 2 City State Zip ProxyTrust Attn Receiving Department 100 Patco Court Suite 9 Islandia NY 11749 FOLIOfn, Inc. 8180 Greensboro Drive 8th Floor McLean VA 22102 Depository Trust Company 570 Washington Blvd. Attn Reorg Dept 4th Floor Jersey City NJ 07310 In re: VIVUS, Inc., et al. Case No. 20-11779 (LSS) Page 1 of 1 Case 20-11779-LSS Doc 381 Filed 11/30/20 Page 5 of 35 Exhibit B Case 20-11779-LSS Doc 381 Filed 11/30/20 Page 6 of 35 Exhibit B Served Via First-Class Mail Name Attention Address 1 Address 2 Address 3 City State Zip Country A GRANT HEIDRICH C/O VIVUS Address on File ABDUL WAHEED Address on File ABN AMRO CLEARING CHICAGO LLC Address on File ABRAHAM BENYUNES Address on File ABRAHAM G GEBRE Address on File ABRAHAM I SACK Address on File ADAM J HOLIBER Address on File AG EDWARDS & CO CUST JORGE C ZUNIGA IRA Address on File AG EDWARDS & SONS CUST HENRY H KAMRATH JR IRA Address on File AG EDWARDS & SONS CUST LAUREN BRYAN IRA Address on File AG EDWARDS & SONS INC CUST TED R BRYAN IRA Address on File AG EDWARDS CUST ARLENE R BRUMMEL IRA Address on File AG EDWARDS CUST BARBARA L MUELLER IRA Address on File AG EDWARDS CUST JANE C LEONARD IRA Address on File AG EDWARDS CUST MICHAEL C CATES IRA Address on File AG EDWARDS CUST ROSEMARY HOORNSTRA IRA Address on File AG EDWARDS CUST SAMUEL A MEIER IRA Address on File AG EDWARDS CUST SHAYNE W MCDANIEL SEP IRA Address on File AINA SEGAL Address on File ALAN B CHINN Address on File ALAN D BARTON & MELINDA M BARTON JT TEN Address on File ALAN L LESHNOWER Address on File ALAN W JACKSON Address on File ALBERT G MICKELSON & BRENDA J MICKELSON TR UA 11/12/2010 ALBERT G MICKELSON & BRENDA J Address on File ALBERT J SUBACH Address on File ALBERT T B GOO & GISELLE Y C NANCE JT TEN Address on File ALEX BONILLA Address on File ALEX ZIRO Address on File ALEXANDER EISENBERG Address on File ALEXANDER MOORE Address on File ALEXANDER N NICKOLS Address on File ALI HASSAN & DENA HASSAN JT TEN Address on File ALICIA TIMM Address on File ALLAN J BERNSTEIN Address on File ALLAN RESNICK Address on File ALLEN J BLEICK Address on File ALLYN BETH LANDAU Address on File ALOK SRIVASTAVA & ROSALIE SRIVASTAVA JT TEN Address on File ALVAN & PEARL ANDERSON TR ALVAN & PEARL ANDERSON TRUST NOV 20 87 Address on File ALVIN J TODD Address on File ALVIN SCHWARTZ Address on File AMERICAN ENTERPRISE INVESTMENT SERVI Address on File AMERICAN ENTERPRISE INVESTMENT SERVICES INC. Address on File AMERICAN ENTERPRISE INVESTMENT SERVICES INC. Address on File AMERICAN ENTERPRISE INVESTMENT SERVICES INC. Address on File AMERICAN ENTERPRISE INVESTMENT SERVICES INC. Address on File AMERICAN ENTERPRISE INVESTMENT SERVICES INC. Address on File AMY M YASUTAKE & WARREN A YASUTAKE JT TEN Address on File ANDREW ANGOLETTA & THERESA ANGOLETTA JT TEN Address on File ANGELO J CORDARO Address on File ANGOLETTA M ALDO Address on File ANITA ALAMSHAW Address on File ANITA BHATIA Address on File ANN S WERNER Address on File ANNE LOUISE WIEWEL Address on File Anson Investments Master Fund LP 5950 Berkshire Lane Suite 210 Dallas TX 75225 ANTHONY MING CHAN & MAUREEN KWAN CHAN TR UA 8 30 02 ANTHONY & MAUREEN Address on File ANTHONY STYPINSKI Address on File ANTOINETTE G BRADY Address on File APEX CLEARING CORPORATION Address on File APEX CLEARING CORPORATION Address on File APEX CLEARING CORPORATION Address on File ARDELL KREUSER Address on File ARHITA AIKEN Address on File ARLENE ADELKOPF Address on File In re: VIVUS, Inc., et al. Case No. 20-11779 (LSS) Page 1 of 25 Case 20-11779-LSS Doc 381 Filed 11/30/20 Page 7 of 35 Exhibit B Served Via First-Class Mail Name Attention Address 1 Address 2 Address 3 City State Zip Country Armistice Capital Master Fund Ltd. c/o dms Corporate Services Ltd. 20 Genesis Close Grand Cayman KY1-1104 Cayman Islands Armistice Capital, LLC Attn: Steven Boyd 510 Madison Avenue 7th Floor New York NY 10022 ARTHUR I FREEMAN Address on File ARTHUR L GUY III Address on File ARTHUR R JONES Address on File ASHITA N PATEL Address on File ASHOK K RAO Address on File ASHOK KAR Address on File BABU J MAVUNKEL Address on File BANK OF AMERICA NA/CLIENT ASSETS Address on File BANK OF AMERICA ROBERTSON STEPHENS CUST MARTIN J MONAHAN IRA RLOVR Address on File BANK OF AMERICA, NA/GWIM TRUST OPERA Address on File BANK OF AMERICA, NA/GWIM TRUST OPERATIONS Address on File BANK OF COMMERCE CUST RAMON L HACKWORTH IRA Address on File BARBARA A PERKINS Address on File BARCLAYS BANK PLC NEW YORK BRANCH Address on File BARCLAYS BANK PLC NEW YORK BRANCH Address on File BARCLAYS CAPITAL INC./LE Address on File BARCLAYS CAPITAL INC./LE Address on File BARCLAYS CAPITAL INC./LE Address on File BARCLAYS CAPITAL INC./LE Address on File BARCLAYS CAPITAL INC./LE Address on File BARCLAYS CAPITAL INC./LE Address on File BARRY J CHAMBLISS Address on File BARRY L WILSON Address on File BARTHOLOMEW VERNACE & MARY ANN VERNACE JT TEN Address on File BB&T SECURITIES, LLC Address on File BB&T SECURITIES, LLC Address on File BB&T SECURITIES, LLC Address on File BBS SECURITIES INC./CDS** Address on File BBS SECURITIES INC./CDS** Address on File BDR INDUSTRIES PROFIT SHARING Address on File BEAR STEARNS CUST REGIS AMANN IRA Address on File BEAR STEARNS SEC CORP CUST NANCY M FIACCO IRA Address on File BEATRICE BARRON CONIFER SECURITIES LLC Address on File BEN DITOSTI Address on File BEN SHEIN & KEITH SHEIN JT TEN Address on File BENJAMIN L BLAKE Address on File BENJAMIN LIN Address on File BENNIE DOWNING Address on File BENNIE H WEBB & LOIS A WEBB JT TEN Address on File BERNICE LONDON Address on File BERT SHULIMSON Address on File BERTRAM S BOYUM Address on File BETH ELLIS Address on File BETTY BOURGEOIS Address on File BHC SEC CUST CONSTANCE Z DOUCET IRA Address on File BILL CHEN Address on File BILLY D OGDEN Address on File BIN K WONG & JANE C WONG JT TEN Address on File BMO HARRIS BANK NA/TRUST Address on File BMO NESBITT BURNS INC./CDS** Address on File BMO NESBITT BURNS INC./CDS** Address on File BMO NESBITT BURNS INC./CDS** Address on File BNP PARIBAS, NEW YORK BRANCH/CUSTODY/CLIENTASSETS Address on File BNP PARIBAS, NEW YORK BRANCH/CUSTODY/CLIENTASSETS Address on File BNY MELLON WEALTH MANAGEMENT Address on File BNY MELLON WEALTH MANAGEMENT Address on File BNYMELLON/WEALTH MANAGEMENT Address on File BNYMELLON/WEALTH MANAGEMENT Address on File BOB GEBO Address on File BOBBY D BRADLEY Address on File BOBBY D MOSS Address on File BONITA L OLEKSA Address on File BONNIE L DEWITT Address on File BONNIE MADIGAN Address on File BRIAN C PAUST Address on File BRIAN GLEASON CUST HOLLY L GLEASON UGMA OH Address on File In re: VIVUS, Inc., et al. Case No. 20-11779 (LSS) Page 2 of 25 Case 20-11779-LSS Doc 381 Filed 11/30/20 Page 8 of 35 Exhibit B Served Via First-Class Mail Name Attention Address 1 Address 2 Address 3 City State Zip Country BRIAN H DOVEY C/O VIVUS INC Address on File BROWN & CO CUST JOHN W STREET IRA Address on File BROWN BROTHERS HARRIMAN & CO.