Nbty Inc - Current report filing (8-K)
10 Gennaio 2008 - 4:04PM
Edgar (US Regulatory)
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of
the
Securities Exchange Act of 1934
Date of report (Date of
earliest event reported):
January 8, 2008
NBTY, INC.
(Exact Name of Registrant as Specified in
Charter)
DELAWARE
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001-31788
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11-2228671
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(State or Other
Jurisdiction of Incorporation)
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(Commission File
Number)
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(IRS Employer
Identification
No.)
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90 Orville Drive
Bohemia, New York
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11716
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(Address of
Principal Executive Offices)
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(Zip Code)
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(631) 567-9500
(Registrants telephone number, including area
code)
Check
the appropriate box below if the Form 8-K filing is intended to
simultaneously satisfy the filing obligation of the registrant under any of the
following provisions (
see
General
Instruction A.2. below):
o
Written communications pursuant to Rule 425
under the Securities Act (17 CFR 230.425)
o
Soliciting material pursuant to Rule 14a-12
under the Exchange Act (17 CFR 240.14a-12)
o
Pre-commencement communications pursuant to Rule 14d-2(b) under
the Exchange Act (17CFR 240.14d-2(b))
o
Pre-commencement communications pursuant to Rule 13e-4(c) under
the Exchange Act (17 CFR 240.13e-4(c))
ITEM 2.02. RESULTS
OF OPERATIONS AND FINANCIAL CONDITION
On January 8, 2008,
NBTY, Inc. issued a press release announcing preliminary unaudited net
sales results for the first fiscal
quarter ended December 31, 2007. A
copy of the press release is attached as Exhibit 99.1.
ITEM 9.01.
FINANCIAL STATEMENTS AND EXHIBITS
(d) Exhibits.
99.1 Press release issued
by NBTY, Inc., dated January 8, 2008.
This Form 8-K and
the attached Exhibit are furnished to comply with Item 2.02 and Item 9.01
of Form 8-K. Neither this Form 8-K
nor the attached Exhibit are to be deemed filed for purposes of Section 18
of the Securities Exchange Act of 1934, nor shall this Form 8-K nor the
attached Exhibit be deemed incorporated by reference in any filing under
the Securities Act of 1933 (except as shall be expressly set forth by specific
reference in such filing).
2
SIGNATURES
Pursuant to the
requirements of the Securities Exchange Act of 1934, the registrant has duly
caused this report to be signed on its behalf by the undersigned hereunto duly
authorized.
Dated: January 9,
2008
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NBTY, INC.
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By:
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/s/ Harvey Kamil
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Harvey Kamil
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President and
Chief Financial Officer
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3
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