-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, Mo9wK8F4mFI+RikjPQ6FY1ErzZDOSG5MgnWUDL/SozKOC3QzgILX0sX97R4b/Lex wHVh5hAOxgzyBKbRR3M8UA== /in/edgar/work/20000817/0000910647-00-500031/0000910647-00-500031.txt : 20000922 0000910647-00-500031.hdr.sgml : 20000922 ACCESSION NUMBER: 0000910647-00-500031 CONFORMED SUBMISSION TYPE: 10-Q/A PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20000630 FILED AS OF DATE: 20000817 FILER: COMPANY DATA: COMPANY CONFORMED NAME: NBTY INC CENTRAL INDEX KEY: 0000070793 STANDARD INDUSTRIAL CLASSIFICATION: [2834 ] IRS NUMBER: 112228617 STATE OF INCORPORATION: DE FISCAL YEAR END: 0930 FILING VALUES: FORM TYPE: 10-Q/A SEC ACT: SEC FILE NUMBER: 000-10666 FILM NUMBER: 704902 BUSINESS ADDRESS: STREET 1: 90 ORVILLE DR CITY: BOHEMIA STATE: NY ZIP: 11716 BUSINESS PHONE: 5165679500 MAIL ADDRESS: STREET 1: 90 ORVILLE DRIVE CITY: BOHEMIA STATE: NY ZIP: 11716 FORMER COMPANY: FORMER CONFORMED NAME: NATURES BOUNTY INC DATE OF NAME CHANGE: 19920703 10-Q/A 1 nbty10qa.htm BODY OF 10-Q/A

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

Form 10-Q/A

Amendment No. 1

to

FORM 10-Q
QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d)
OF THE SECURITIES AND EXCHANGE ACT OF 1934

For the period ended
Commission File Number:

June 30, 2000
0-10666

          NBTY, Inc.          
(Exact name of registrant as specified in its charter)

              Delaware              
(State or other jurisdiction of
incorporation or organization)

        11-2228617        
(I.R.S. Employer
Identification No.)

90 Orville Drive, Bohemia, NY    
(Address of Principal Executive Offices)

   11716   
(Zip Code)

Registrant's telephone number, including area code

(631) 567-9500

 

 

Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities and Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registration was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days.

YES [x]          NO [  ]

Number of Shares of Common Stock Outstanding as of June 30, 2000:   -  68,463,699

INTRODUCTORY NOTE

This change addresses only the three months ended June 30, 1999. This Form 10-Q/A amends an error in transmission of the Registrant's Quarterly Report on Form 10-Q for the period ended June 30, 2000. In preparing the 10-Q for conversion to EDGAR, in "Part I, Item1. Financial Statement", the Litigation charge of $4,600,000 was omitted from the Condensed and Consolidated Statement of Income for the three months ended June 30, 1999 and consequently the sub-total of Cost and Expenses, Income from Operations, Income Before Taxes and Net Income were affected. Net Income Per Share was not affected.

NBTY, INC. and SUBSIDIARIES

PART I - Financial Information

Item 1. Financial Statements.

 

 

Condensed Consolidated Balance Sheets -
  June 30, 2000 (unaudited) and September 30, 1999


1-2

Condensed Consolidated Statements of Operations -
  (unaudited) Three months Ended June 30, 2000 and 1999


3

Condensed Consolidated Statements of Operations -
  (unaudited) Nine months Ended June 30, 2000 and 1999


4

Condensed Consolidated Statements of Stockholders' Equity
  Year ended September 30, 1999 and
    (unaudited) Nine months Ended June 30, 2000



5

Condensed Consolidated Statements of Cash Flows -
  (unaudited) Nine months Ended June 30, 2000 and 1999


6-7

Notes to Condensed Consolidated Financial Statements (unaudited)

8-13

Signature

14

 

NBTY, INC. and SUBSIDIARIES

CONDENSED CONSOLIDATED BALANCE SHEETS

ASSETS

(Dollars and shares in thousands)

June 30,
   2000   
(Unaudited)

September 30,
      1999      

Current assets:
    Cash and cash equivalents
    Accounts receivable, less allowance for doubtful
      accounts of $1,141 in 2000 and $1,248 in 1999
    Inventories
    Deferred income taxes
    Prepaid property taxes, rent, and other current assets
            Total current assets


$  21,763


25,951
132,575
3,250
     19,551
203,090


$  18,269

24,336
135,466
3,250
     19,243
200,564

Property, plant and equipment
    less accumulated depreciation
    and amortization
Intangible assets, net
Other assets
            Total assets

317,562
   104,546
213,016
176,084
       6,668
$598,858

277,033
     87,471
189,562
141,410
       7,848
$539,384

See notes to condensed consolidated financial statements.

NBTY, INC. and SUBSIDIARIES

CONDENSED CONSOLIDATED BALANCE SHEETS

LIABILITIES AND STOCKHOLDERS' EQUITY

(Dollars and shares in thousands)

June 30,
   2000   
(Unaudited)

September 30,
      1999      

Current liabilities:
    Current portion of long-term debt and capital lease
      obligations
    Accounts payable
    Accrued expenses and income taxes
            Total current liabilities



$    2,001 
49,949 
   49,769 
101,719 



$    1,799 
45,366 
   32,296 
79,461 

Long-term debt
Obligations under capital leases
Deferred income taxes
Other liabilities
            Total liabilities

216,524 
3,212 
11,987 
       2,853 
336,295 

217,136 
2,372 
12,233 
         4,233 
315,435 

Commitments and contingencies

 

 

Stockholders' equity:
Common stock, $0.008 authorized, 175,000 shares;
  issued and outstanding 68,464 shares in 2000 and
    66,096 in 1999
    Capital in excess of par
    Retained earnings




548 
123,628 
   150,329 
274,505 




529 
106,332 
   111,792 
218,653 

    Stock subscriptions receivable
    Accumulated other comprehensive (loss) income
            Total stockholders' equity

(2,598)
     (9,344)
   262,563 

(839)
       6,135 
   223,949 

Total liabilities and stockholders' equity

$598,858 

$539,384 

See notes to condensed consolidated financial statements.

NBTY, INC. and SUBSIDIARIES

CONDENSED CONSOLIDATED STATEMENTS OF INCOME

(UNAUDITED)

For the three months
ended June 30,

(Dollars and shares in thousands, except per share amounts)

   2000   

   1999   

Net sales

$172,102 

$155,062 

Cost and expenses:
    Cost of sales
    Catalog printing, postage and promotion
    Selling, general and administrative
    Recovery of raw material cost
    Litigation charge


74,020 
7,135 
69,287 
(2,511)
                  
   147,931 


73,982 
7,613 
57,563 

         4,600 
  143,758 

Income from operations

      24,171 

      11,304  

Other income (expense):
    Interest, net
    Miscellaneous, net

(5,011)
       934 
     (4,077)

   (4,456) 
            203 
       (4,253

Income before income taxes

20,094 

       7,051  

Income taxes

8,037 

        2,717  

Net income

$  12,057 

$   4,334  

Net income per share:
    Basic
    Diluted


$      0.18 
$      0.17 


$      0.06
  
$      0.06
  

Weighted average common shares outstanding:
    Basic
    Diluted


     67,495 
     69,729 


     69,672
  
     70,534
  

See notes to condensed consolidated financial statements.

NBTY, INC. and SUBSIDIARIES

CONDENSED CONSOLIDATED STATEMENTS OF INCOME

(UNAUDITED)


(Dollars and shares in thousands, except per share amounts)

For the nine months
ended June 30,

   2000   

   1999   

Net sales

$543,381 

$463,748 

Cost and expenses:
    Cost of sales
    Catalog printing, postage and promotion
    Selling, general and administrative
    Recovery of raw material cost
    Litigation charge


239,116 
25,025 
205,559 
(2,511)
                 
   467,189 


221,490 
26,266 
173,458 

           4,600 
   425,814 

Income from operations

     76,192 

     37,934 

Other income (expense):
    Interest, net
    Miscellaneous, net

(14,360)
       2,395 
   (11,965)

(14,083)
          720 
   (13,363)

Income before income taxes
Income taxes
Net income

64,227 
     25,691 
$  38,536 

24,571 
       9,931 
$  14,640 

Net income per share:
    Basic
    Diluted


$      0.58 
$      0.56 


$      0.21 
$      0.20 

Weighted average common shares outstanding:
    Basic
    Diluted


     66,937 
     69,173 


     70,766 
     71,895 

See notes to condensed consolidated financial statements.

 

 

NBTY, Inc. and SUBSIDIARIES

Condensed Consolidated Statements of Stockholders' Equity
for the year ended September 30, 1999 and
the nine months ended June 30, 2000
(Unaudited)

(Dollars and shares in
thousands)

   Common stock   

 

 

      Treasury stock      

 

 

 

 

 



Number
of
   shares   





Amount


Capital
in
excess
   of par   




Retained
earnings



Number
of
   shares   





Amount



Stock
subscriptions
   receivable   

Accumulated
Other
Comprehensive
Income
      (Loss)      



Total
Stockholders'
    Equity    



Total
Comprehensive
      Income      

Balances, September 30, 1998

72,714 

$582 

$115,661 

$105,989 

4,511 

$  (3,206)

 

$ 11,313 

$230,339 

 

Net income for year ended
  September 30, 1999
Purchase of treasury stock, at cost
Treasury stock retired
Exercise of stock options
Tax benefit from exercise of stock
  options
Foreign currency translation
  adjustment




(10,213)
3,595 



                 




(82)
29 



          




(16,086)
888 

5,869 

                  


27,279 

(21,475)




                 



5,702 
(10,213)




             



(34,438)
37,644 




               





(839)



            









     (5,178)


27,279 
(34,438)

78 

5,869 

      (5,178)


$ 27,279 






    (5,178)

    Balances, September 30, 1999

66,096,294 

529 

106,332 

111,793 

(839)

6,135 

223,949 

$ 22,101 

Net income for the nine months
  ended, June 30, 2000
Exercise of stock options
Tax benefit from exercise of stock
  options
Treasury stock retired
Acquisition of Nutrition
  Warehouse
Cancel stock held by Nutrition
  Warehouse
Foreign currency translation
  adjustment



1,362 


(53)

1,059 



                   



     11 




       8 



          



4,379 
1,681 

(999)

12,235 



                 


38,536 









                 



50 


(53)





             



(964)


999 



(33)

              



(1,760)








              












   (15,479)


38,536 
1,666 

1,681 


12,243 

(33)

    (15,479)


$ 38,536
 









   (15,479)

    Balances, June 30, 2000

       68,464 

$548 

$123,628 

$150,329 

          - 

          - 

$(2,598)

$  (9,344)

$262,563 

$ 23,057 

See notes to consolidated financial statements.

 

 

NBTY, INC. AND SUBSIDIARIES

CONDENSED CONSOLIDATED STATEMENTS OF CASH FLOWS

(UNAUDITED)

(Dollars in thousands)

For the nine months
ended June 30,

   2000   

   1999   

Net income

$ 38,536 

$ 14,640 

Adjustments to reconcile net income to cash provided
  by operating activities:
    Gain on sale of product line
    Loss on sale of property, plant and equipment
    Depreciation and amortization
    Provision for allowance for doubtful accounts
    Deferred income taxes changes in assets and
      liabilities:
        (Increase)decrease in accounts receivable
        Decrease (increase) in inventories
        Increase in prepaid catalog costs and other current
          assets
        Decrease(increase) in other assets
        Increase in accounts payable
        Increase in accrued expenses
        Decrease in other liabilities
            Net cash provided by operating activities




726 
26,890 
107 


(4,057)
5,104 

(5,976)
1,522 
3,736 
26,931 
     (1,381)
    92,138 




479 
20,577 
(33)


2,800 
(14,963)

(15,388)
(394)
3,864 
31,353 
        (195)
    42,740 

Cash flows from investing activities:
    Purchase of property, plant and equipment
    Proceeds from sale of property, plant, and
      equipment
    Proceeds from sale of product line
    Proceeds from sale of short term investments
    Purchase of short-term investments
    Purchase of businesses, net of cash acquired
    Increase in intangible assets
    Transfer of property, plant and equipment
            Net cash used in investing activities


(41,655)

110 



(41,728)
(10)
                
   (83,283)


(27,867)






(503)
                
   (28,368)

Cash flows from financing activities:
    (Payments) borrowings under long term debt
      agreements
Cash held in escrow Payment of demand note payable
    Principal payments under long-term debt agreements
      and capital leases
    Purchase of treasury stock proceeds from stock
      options exercised
    Repayment of promissory note
    Repayment of promissory note
    Purchase of treasury stock
    Stock subscriptions receivable
            Net cash used in financing activities
Effect of exchange rate changes on cash and cash
    equivalents
Net increase in cash and cash equivalents



(2,092)


(1,918)

1,666 


(1,760)
             0 
     (4,104)

     (1,257)
3,494 



26,200 


(829)



(28,328)
(839)
                
     (3,796)

     (1,316)
9,260 

Cash and cash equivalents at beginning of period

    18,269 

    14,308 

Cash and cash equivalents at end of period

$ 21,763 

$ 23,568 

Supplemental Disclosure of Cash Flow Information:
    Cash paid during the period for interest
    Cash paid during the period for taxes


$ 11,801 
$   5,752 


$ 13,666 
$   7,812 

See notes to condensed consolidated financial statements.

 

NBTY, INC. and SUBSIDIARIES

CONSOLIDATED STATEMENT OF CASH FLOWS

For the three months ended June 30, 2000 and 1999

(Unaudited)

(Dollars and shares in thousands, except per share amounts)

Supplemental Non-cash Investing and Financing Information:

In connection with the Company's January 1, 2000 acquisition of Nutrition Warehouse, Inc. and its affiliated companies (NW), the Company issued approximately 1,059 shares of its common stock with a total then market value of $12,244.

During the nine months ended June 30, 2000, options were exercised with 1,361 shares of common stock issued to executives for cash of $1,666, interest bearing stock subscriptions receivable of $1,760 and $964 of NBTY shares. As a result of the exercise of those options, the Company expects to receive a compensation deduction for tax purposes of approximately $4,310 and a tax benefit of approximately $1,681.

During the nine months ended June 30, 1999, options were exercised with 3,520 shares of common stock issued to certain officers and an executive for interest-bearing stock subscriptions receivable aggregating $839 and cash of $67. As a result of the exercise of those options, the Company received a compensation deduction for tax purposes of approximately $14,847 and a tax benefit of approximately $5,790.

 

NBTY, INC. and SUBSIDIARIES

NOTES to CONDENSED CONSOLIDATED FINANCIAL STATEMENTS

(Unaudited)

(Dollars and shares in thousands, except per share amounts)

1.    Principles of consolidation and basis of presentation

The consolidated financial statements include the accounts of the Company and its wholly-owned subsidiaries. All intercompany accounts and transactions have been eliminated.

In the opinion of the Company, the unaudited condensed consolidated financial statements contain all adjustments necessary to present fairly its financial position as of June 30, 2000 and its results of operations for the three and nine months ended June 30, 2000 and 1999 and statements of cash flows for the nine months ended June 30, 2000 and 1999. The condensed consolidated balance sheet as of September 30, 1999 has been derived from the audited balance sheet as of that date. The results of operations for the three and nine months ended June 30, 2000 and statements of cash flows for the nine months ended June 30, 2000 are not necessarily indicative of the results to be expected for the full year. This report should be read in conjunction with the Company's annual report filed on Form 10-K for the fiscal year ended September 30, 1999.

    Estimates

The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets, liabilities and disclosures of contingent assets and liabilities at the date of the financial statements and reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates.

    Reclassifications

Certain reclassifications have been made to conform prior year amounts to the current year presentation.

    New accounting standards

Effective October 1, 1998, the Company adopted SFAS No. 131, "Disclosures About Segments of an Enterprise and Related Information," which establishes standards for reporting information about operating segments. It also establishes standards for disclosures regarding products and services, geographic areas and major customers. SFAS No. 131 requires comparative information for earlier years to be restated. The adoption of SFAS No. 131 did not affect the Company's results of operations or financial position, but did affect the disclosure of segment information.

In June 1998, the FASB issued SFAS No. 133, "Statement of Financial Accounting Standards Accounting for Derivative Instruments and Hedging Activities" ("SFAS 133"). SFAS 133, as amended, is effective for the Company in fiscal 2002. SFAS 133 requires that all derivative instruments be recorded on the balance sheet at their fair value. Changes in the fair value of derivatives are recorded each period in current earnings or other comprehensive income, depending on whether a derivative is designated as part of a hedge transaction and, if it is the type of hedge transaction. Management of the Company anticipates that, due to its limited use of derivative instruments, the adoption of SFAS 133 will not have a significant effect on the Company's results of operations or its financial position, however, it is currently reviewing the impact of adopting such pronouncement.

2.    Acquisitions

During the quarter ended 6/30/00, the Company acquired certain assets and liabilities of Longevity Formulas, Inc. (also known as "Healthwatchers System") and Martin Health Systems, Inc. for $5,150.

In addition, the Company acquired the mailing list of Rexall Sundown's SDV vitamin catalog and mail order list for $16,500. The list contains approximately 750,000 customer names, which has been merged into the existing customer base of the Direct Response/ Puritan.com/e-commerce business.

On January 1, 2000, the Company acquired Nutrition Warehouse, Inc. and its affiliated companies ("NW") for $20,000 in cash and approximately 1,059 shares of NBTY stock having a market value of $12,200. NW operated an Direct Response/e-commerce business as well as 14 retail stores in various locations in New York. The e-commerce business has been combined with the Company's Puritan.com operations and the retail stores have been merged into the Company's U.S. Retail operations. Annual revenues approximated $14,000 for the e-commerce/direct response business as well as $14,000 in retail sales for the year ended December 31, 1999. The cash portion of the acquisition was funded with $20,000 in borrowings under the Company's Credit and Guarantee Agreement (CGA).

In May 1999, the Company acquired the assets and certain liabilities of a network marketing company, Dynamic Essentials, Inc. (DEI) for approximately $1,000 in cash.

3.    Comprehensive earnings

Comprehensive income for the Company includes net income and the effects of foreign currency translation, which are charged or credited to the cumulative translation adjustment account within stockholders' equity.

Comprehensive earnings for the three and nine months ended June 30, 2000 and 1999 are as follows:

 

For the three months ended
June 30,

For the nine months ended
June 30,

 

   2000    

   1999   

   2000   

   1999   

Net Income
Changes in cumulative translation adjustment

$12,057 
    (9,484)

$ 4,334 
   (4,094)

$ 38,536 
   (15,479)

$ 14,640 
   (13,355)

Comprehensive earnings

$  2,573 

$    240 

$ 23,057 

$   1,285 

Accumulated other comprehensive (loss) income, which is classified as a separate component of stockholders' equity, is comprised of cumulative translation adjustments of $(9,344) and $6,135 at June 30, 2000 and September 30, 1999, respectively.

4.    Inventories

Inventories have been estimated using the gross profit method for the interim periods. The components of inventories are as follows:

 

June 30,
   2000   

September 30,
   1999   

Raw materials and work-in-process
Finished goods

$  51,714
   80,861
$132,575

$  52,116
     83,350
$135,466

5.    Earnings per share (EPS)

Basic EPS computations are based on the weighted average number of common shares outstanding during the three and nine month periods ended June 30, 2000 and 1999. Diluted EPS include the dilutive effect of outstanding stock options, as if exercised. The following is a reconciliation between the basic and diluted EPS:

For the three months
June 30,

For the nine months
June 30,

   2000   

   1999   

   2000   

   1999   

Numerator:
    Numerator for basic EPS --
      Income available to common
        stockholders
    Numerator for diluted EPS --
      Income available to common
        stockholders




$12,057


$12,057




$  4,334


$  4,334




$38,536


$38,536




$14,640


$14,640

Denominator:
    Denominator for basic EPS --
      Weighted average shares
    Effect of dilutive securities:
      Stock options
    Denominator for diluted EPS --
      Weighted average shares



67,495

     2,234

   69,729



69,672

        862

   70,534



66,937

     2,236

   69,173



70,766

     1,129

   71,895

Net EPS:
    Basic EPS
    Diluted EPS


$    0.18
$    0.17


$  0.06
$  0.06


$    0.58
$    0.56


$    0.21
$    0.20

6.    Stock options:

During the nine months ended June 30, 2000, options were exercised with 1,361 shares of common stock issued to executives for cash of $1,666, interest bearing stock subscriptions receivable of $1,760 and $964 of NBTY common shares. As a result of the exercise of those options, the Company expects to receive a compensation deduction for tax purposes of approximately $4,310 and a tax benefit of approximately $1,681.

During the nine months ended June 30, 1999, options were exercised with 3,560 shares of common stock issued to certain officers for interest-bearing stock subscriptions receivable aggregating $839 and cash of $67. As a result of the exercise of those options, the Company received a compensation deduction for tax purposes of approximately $14,847 and a tax benefit of approximately $5,790.

7.    Segment Information:

The Company's segments are organized by sales market on a worldwide basis. The Company's management reporting system evaluates performance based on a number of factors; however, the primary measure of performance is the pretax operating income of each segment. Accordingly, the Company reports four worldwide segments: Direct Response/Puritan.com, Retail: United States and United Kingdom, and Wholesale. All of the Company's products fall into one of these four segments. The Direct Response/Puritan.com segment generates revenue through the sale of its products primarily through mail order catalog and the internet. Catalogs are strategically mailed to customers who order by mail or phoning customer service representatives in New York, Illinois and the United Kingdom. The Retail United States segment generates revenue through the sale of proprietary brand and third-party products through its 459 Company-operated stores. The Retail United Kingdom segment generates revenue through the sales of proprietary brand and third-party products in 424 Company-operated stores. The Wholesale segment (including Network Marketing) is comprised of several divisions each targeting specific market groups. These market groups include wholesalers, distributors, chains, pharmacies, health food stores, bulk and international customers.

The following table represents key financial information of the Company's business segments (in thousands):

 

Three months ended
June 30,

Nine months ended
June 30,

 

   2000   

   1999   

   2000   

   1999   

Direct Response/Puritan.com
    Revenue
    Operating income
    Depreciation and amortization


$42,899 
12,948 
1,037 


$40,460 
10,143 
322 


$135,039 
37,902 
2,130 


$129,686 
30,317 
990 

Retail:
    United States
      
Revenue
      
Operating loss
      
Depreciation and amortization



$35,450 
(5,543)
2,917 



$26,949 
(3,796)
1,463 



$108,276 
(11,929)
7,786 



$71,948 
(9,973)
3,691 

    United Kingdom
      
Revenue
      
Operating income
      
Depreciation and amortization


$57,194 
7,990 
2,952 


$53,485 
7,336 
3,039 


$192,057 
33,067 
9,198 


$167,178 
19,090 
9,262 

 

Three months ended
June 30,

Nine months ended
June 30,

 

   2000   

   1999   

   2000   

   1999   

Wholesale
    Revenue
    Operating income
    Depreciation and amortization


$  36,559 
8,641 
311 


$  34,168
4,053
106


$108,009 
21,705 
689 


$  94,936
9,462
286

Corporate
    Depreciation and amortization
    Recovery of raw material costs
    Litigation charge


$  2,335 
(2,511)


$    1,832

4,600 


$    7,064 
(2,511)


$    6,362

4,600

Consolidated totals
    
Revenue
    
Operating income
    
Depreciation and amortization
    
Interest expense, net
    
Income taxes
    
Net income


$172,102 
24,171 
9,552 
5,011 
8,037 
12,057 


$155,062
11,304
6,762
4,456
2,717
4,334


$543,381 
76,192 
26,890 
14,360 
25,691 
38,536 


$463,748
37,924
20,577
14,083
9,931
14,640

The following table reflects identifiable assets by market segment at June 30, 2000 and 1999:

 

June 30,

 

   2000   

   1999   

Direct response/Puritan.com
Retail United States
Retail United Kingdom
Wholesale
Corporate manufacturing assets

$  89,976
69,709
201,754
24,685
   212,734

$  32,465
60,205
225,491
17,371
   187,012

Consolidated totals

$598,858

$522,544

8.    Litigation:

In August 1997, the Company acquired Holland & Barrett from the German-based GEHE AG. A dispute arose over certain provisions of the purchase agreement. On July 30, 1999, the court rendered a decision in favor of GEHE. Results for the third quarter and nine months of 1999 were affected by a one-time litigation charge of $4,600 which includes the amount of the judgment plus interest and legal fees.

In addition, the Company received $2,511 in partial settlement of ongoing price fixing litigation brought by the Company against certain raw material vitamin suppliers.

9.    Subsequent Events

In July, 2000, the Company was informed through the internet of threatened class action suits to be brought against the Company, certain officers and directors. The Company has not been served in any class action suits and therefore cannot comment on any allegations which might be contained in such suits. The Company intends to vigorously defend any actions which may be commenced against it.

 

NBTY, INC. and SUBSIDIARIES

SIGNATURE

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 there unto duly authorized.

 

NBTY, INC.

Date    August 17, 2000

/s/    Harvey Kamil
Harvey Kamil, Executive Vice President, Secretary
(Principal Financial and Accounting Officer)

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