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): April 22, 2004
NBTY, INC.
(Exact name of registrant as specified in charter)
001-31788 | ||
(Commission file number) | ||
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DELAWARE |
| 11-2228617 |
(State or other jurisdiction of |
| (I.R.S. Employer |
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90 Orville Drive |
| 11716 |
(Address of principal executive offices) |
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(631) 567-9500 | ||
(Registrant’s telephone number, including area code) | ||
ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS
(c) Exhibits.
99.1 Press release issued by NBTY, Inc. dated April 22, 2004
ITEM 12. RESULTS OF OPERATIONS AND FINANCIAL CONDITION
On April 22, 2004, NBTY, Inc. issued a press release announcing fiscal second quarter results. A copy of the press release is attached as Exhibit 99.1.
This information is furnished under “Item 12. Disclosure of Results of Operations and Financial Condition” in accordance with SEC Release Nos. 33-8216 and 34-47583.
This Form 8-K and the attached Exhibit are furnished to comply with Item 7 and Item 12 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 they 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: April 27, 2004 |
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| NBTY, INC. | ||
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By: | /s/ Harvey Kamil | ||
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| Harvey Kamil | |
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| President and Chief Financial Officer | |
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