8-K 1 a05-9220_18k.htm 8-K

 

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): May 10, 2005
 

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.)

 

 

 

90 Orville Drive

 

 

Bohemia, New York

 

11716

(Address of principal executive offices)

 

(Zip Code)

 

(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 PRINCIPAL OFFICERS; ELECTION OF DIRECTORS; APPOINTMENT OF PRINCIPAL OFFICERS.

 

On May 10, 2005, Neil Koenig was named  as a newly elected director of the Board of Directors (the “Board”) of NBTY, Inc. (the “Company”), filling a vacancy on the Board.  Mr. Koenig is an independent member of the Board and meets all the criteria for independence established by the New York Stock Exchange (where the Company’s stock is listed for trading) and other applicable laws and regulations.   Mr. Koenig will serve as a Class II Director of the Board and will stand for reelection at the next annual meeting of stockholders to be held in 2006.  Mr. Koenig was not appointed to serve on any committee of the Board of Directors at this time.  Mr. Koenig was not selected as a director pursuant to any arrangement or understanding with any other person.  There is not currently, nor has there been in the past, any transaction, proposed transaction or series of transactions with the Company or any of its subsidiaries in which Mr. Koenig has, had or would have any direct or indirect material interest.

 

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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: May 11, 2005

 

 

 

 

NBTY, INC.

 

 

 

 

 

By:

/s/ Harvey Kamil

 

 

 

Harvey Kamil

 

 

President and Chief Financial Officer

 

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