- Current report filing (8-K)
05 October 2010 - 11:28PM
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):
October 1, 2010
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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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)
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
October 1, 2010, NBTY, Inc. issued a press release announcing the
completion of the merger of NBTY, Inc. with an affiliate of The Carlyle
Group. 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 October 1, 2010.
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).
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:
October 4, 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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