Nbty Inc - Current report filing (8-K)
01 12월 2007 - 3:07AM
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):
November 28, 2007
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 of Other Jurisdiction of Incorporation)
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(Commission File Number)
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(IRS Employer Identification
No.)
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90 Orville Drive
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11716
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Bohemia, New York
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(Zip Code)
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(Address
of Principal Executive Offices)
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(631) 567-9500
(Registrant's
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
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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 1.01. ENTRY
INTO A MATERIAL DEFINITIVE AGREEMENT
On November 28, 2007, NBTY, Inc. entered into the Sixth Amendment to
the Executive Consulting Agreement with Rudolph Management Associates Inc. to
extend, until December 31, 2008, the consulting services being provided to
NBTY, Inc. by its founder and director, Arthur Rudolph. A copy of the Sixth
Amendment is attached hereto as Exhibit 10.1 and incorporated herein by
reference. The foregoing description of the Amendment is qualified in its
entirety by reference to the full text of this Amendment.
ITEM 9.01.
FINANCIAL STATEMENTS AND EXHIBITS
(d) Exhibits.
10.1 Sixth Amendment to
Executive Consulting Agreement, made as of January 1, 2008.
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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: November 30, 2007
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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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