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): August 2, 2007
NBTY, INC.
(Exact Name of Registrant as Specified in Charter)
001-31788
(Commission File Number)
DELAWARE |
| 11-2228617 |
(State or Other Jurisdiction |
| (I.R.S. Employer |
of Incorporation) |
| Identification No.) |
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90 Orville Drive |
| 11716 |
Bohemia, New York |
| (Zip Code) |
(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 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 5.02. |
| Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers |
On August 2, 2007, Michael Slade, Senior Vice President and Director of NBTY, Inc. (“NBTY”), advised NBTY that he will be retiring as an officer of NBTY, effective December 31, 2007, to pursue other interests. Mr. Slade intends to remain on the Board of Directors of NBTY. In connection with this retirement, Mr. Slade adopted a stock trading plan in accordance with Rule 10b5-1 of the Securities Exchange Act of 1934. A copy of the press release announcing the adoption of this plan is attached as Exhibit 99.1.
ITEM 9.01. |
| FINANCIAL STATEMENTS AND EXHIBITS |
(d) Exhibits.
99.1 Press release issued by NBTY, Inc., dated August 2, 2007.
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: August 7, 2007
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| By: | /s/ Harvey Kamil |
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| Harvey Kamil | |
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| President and Chief Financial Officer | |