- Current report filing (8-K)
March 11 2009 - 6:02AM
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):
March 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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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)
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):
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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 March 10, 2009
NBTY, Inc. issued a press release announcing preliminary unaudited sales
results for the month of February 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 March 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: March 10, 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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