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): February 14, 2013
NBTY, Inc.
(Exact name of registrant as specified in charter)
333-172973
(Commission File Number)
DELAWARE |
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11-2228617 |
(State or other jurisdiction |
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(I.R.S. Employer |
of incorporation) |
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Identification No.) |
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|
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2100 Smithtown Avenue |
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Ronkonkoma, New York |
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11779 |
(Address of principal executive offices) |
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(Zip Code) |
(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.
Due to market conditions, NBTY, Inc. (the Company) elected not to pursue the refinancing of the term loan portion of its Senior Secured Credit Facility.
The foregoing information is being furnished and shall not be deemed filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, except as expressly set forth by specific reference in such filing.
Safe Harbor Statement
The statements in this release state the Companys and managements intentions, beliefs, expectations or projections of the future and are forward-looking statements. It is important to note that the Companys actual results could differ materially from those projected in such forward-looking statements.