- Current report filing (8-K)
15 1월 2010 - 7:25AM
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 12,
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 12, 2010,
NBTY, Inc. issued a press release announcing preliminary results for the month
of December 2009 and preliminary 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 12, 2010, reporting preliminary results
for the month of December 2009 and preliminary 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 12, 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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