THE OPPORTUNITY TO DISCUSS THIS MATTER WITH AND OBTAIN ADVICE FROM
HIS PRIVATE ATTORNEY, HAS HAD SUFFICIENT TIME TO, AND HAS CAREFULLY READ AND
FULLY UNDERSTANDS ALL THE PROVISIONS OF THIS AGREEMENT, AND IS KNOWINGLY AND
VOLUNTARILY ENTERING INTO THIS AGREEMENT.
27.
COUNTERPARTS.
THIS AGREEMENT MAY BE
EXECUTED IN COUNTERPARTS, AND EACH COUNTERPART WILL HAVE THE SAME FORCE AND
EFFECT AS AN ORIGINAL AND WILL CONSTITUTE AN EFFECTIVE, BINDING AGREEMENT ON THE
PART OF EACH OF THE UNDERSIGNED.
IN WITNESS WHEREOF, each of the parties has executed this Agreement, in the case
of the Company by a duly authorized officer, as of the day and year written
below.
COMPANY:
VIVUS, INC.
/s/ Graham S. Strachan
Date: December 20, 2007
GRAHAM STRACHAN
Chairman of the Compensation Committee
EXECUTIVE:
/s/ Leland F. Wilson
Date: December 20, 2007
LELAND F. WILSON
[SIGNATURE PAGE TO WILSON EMPLOYMENT AGREEMENT]