Nbty Inc - Current report filing (8-K)
February 15 2008 - 1:39PM
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):
February 14, 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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2100
Smithtown Avenue
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11779
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Ronkonkoma, New York
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(Zip Code)
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(Address of Principal Executive Offices)
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(631) 567-9500
(Registrants
telephone number, including area code)
90 Orville Drive, Bohemia, New
York 11716
(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
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Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
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o
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
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o
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Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17CFR
240.14d-2(b))
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o
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17
CFR 240.13e-4(c))
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ITEM 7.01. REGULATION
FD DISCLOSURE
On February 14, 2008
NBTY, Inc. issued a press release announcing preliminary unaudited net
sales results for the month of January 2008 by segment. 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 February 14, 2008.
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).
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: February 14, 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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