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 10, 2007
NBTY, INC.
(Exact Name of Registrant as Specified in Charter)
001-31788
(Commission File Number)
DELAWARE |
| 11-2228617 |
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(State or Other Jurisdiction |
| (I.R.S. Employer |
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of Incorporation) |
| Identification No.) |
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90 Orville Drive |
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Bohemia, New York |
| 11716 |
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(Address of Principal Executive Offices) |
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(631) 567-9500 |
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(Registrant’s telephone number, including area code) |
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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 10, 2007, William Shanahan, Vice President — Information Systems of NBTY, Inc. (“NBTY”), advised NBTY that he will resign as an officer of NBTY, effective August 30, 2007, to pursue other interests. Mr. Shanahan will continue to provide certain consulting services to NBTY for up to three years following his resignation.
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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: August 10, 2007
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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