- Current report filing (8-K)
January 29 2010 - 9:29AM
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)
January 28, 2010
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 2.02
RESULTS OF OPERATIONS AND
FINANCIAL CONDITION
On January 28, 2010,
NBTY, Inc. issued a press release announcing results for the fiscal first
quarter ended December 31, 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 January 28, 2010, reporting results for the
fiscal first quarter ended December 31, 2009.
This Form 8-K and
the attached Exhibit are furnished to comply with Item 2.02 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, as amended, nor shall this Form 8-K
nor the attached Exhibit be deemed incorporated by reference in any filing
under the Securities Act of 1933, as amended (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:
January 28, 2010
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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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