- Current report filing (8-K)
June 17 2009 - 10:11AM
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):
June 15, 2009
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
7.01. REGULATION FD DISCLOSURE
On June 15, 2009,
NBTY, Inc. issued a press release announcing preliminary unaudited net
sales results for the month of May 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 June 15, 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: June 15,
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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