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): September 30, 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 1.02 TERMINATION OF A MATERIAL DEFINITIVE AGREEMENT
The Employment Agreements between the Company and Scott Rudolph, our Chief Executive Officer, and Harvey Kamil, our President and Chief Financial Officer, dated as of October 1, 2002 expired on September 30, 2007. Mr. Rudolph and Mr. Kamil remain actively employed as our Chief Executive Officer and President and Chief Financial Officer, respectively. New employment agreements with Mr. Rudolph and Mr. Kamil are being negotiated.
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 1, 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 | |