- Current report filing (8-K)
14 Settembre 2009 - 8:19PM
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):
September 10, 2009
NBTY, INC.
(Exact Name of Registrant as Specified in
Charter)
001-31788
(Commission
File Number)
DELAWARE
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11-2228617
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(State or Other
Jurisdiction
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(I.R.S. Employer
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of Incorporation)
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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)
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
7.01. REGULATION FD DISCLOSURE
On September 10,
2009, NBTY, Inc. issued a press release announcing preliminary unaudited
sales results for the two months of July and August, 2009. 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 September 10, 2009.
This Form 8-K and
the attached Exhibit are furnished to comply with Item 7.01 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).
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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:
September 14, 2009
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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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