- Current report filing (8-K)
08 Dicembre 2009 - 6:31PM
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):
December 8, 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 December 7, 2009,
NBTY, Inc. issued a press release announcing preliminary unaudited sales
results for the month of November, 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 December 7, 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: December 8, 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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