- Current report filing (8-K)
14 Ottobre 2008 - 4:03PM
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):
October 13,
2008
NBTY,
INC.
(Exact Name of Registrant as
Specified in Charter)
DELAWARE
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001-31788
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11-2228617
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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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2100
Smithtown Avenue
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Ronkonkoma,
New York
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11779
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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)
(Former Name or Former Address, if Changed
Since Last Report)
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 October 13, 2008, NBTY,
Inc. issued a press release announcing preliminary unaudited net sales results
for the fiscal fourth quarter and fiscal year ended September 30,
2008. 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 October 13, 2008, reporting results for the
fiscal fourth quarter and fiscal year ended September 30, 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, as amended, nor shall this Form 8-K
nor the attached Exhibit be deemed incorporated by reference in any filing
under the Securities Act of 1933, as amended (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:
October 13, 2008
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NBTY,
INC.
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By: /s/
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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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