8-K 1 nmtmedicalinc8k.htm NMT MEDICAL, INC. 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 theSecurities Exchange Act of 1934

~~SECURITIES~~ Date ~~AND~~of ~~EXCHANGE~~Report: ~~COMMISSION~~November 09, 2010 (Date of earliest event reported) NMT Medical, Inc. (Exact name of registrant as specified in its charter) DE (State or other jurisdiction of incorporation) 000-21001 (Commission File Number) 95-4090463 (IRS Employer Identification Number) 27 Wormwood Street, Boston, MA (Address of principal executive offices) 02210-1625 (Zip Code) 617-737-0930(Registrant's telephone number, including area code) Not Applicable(Former Name or Former Address, if changed since last report)

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:

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 (17 CFR 240.14d-2(b))

o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

~~Washington~~Item 2.02. Results of Operations and Financial Condition On November 9, D2010, NMT Medical, Inc.C announced its financial results for the quarter ended September 30, 2010. ~~20549~~ The full text of the press release issued in connection with the announcement is attached as Exhibit 99.1 to this Current Report on Form 8-K. The information in this Current Report on Form 8-K and the Exhibit attached hereto shall not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), 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, or the Exchange Act, except as expressly set forth by specific reference in such a filing. Item 9.01. Financial Statements and Exhibits (a) Financial statements: None (b) Pro forma financial information: None (c) Shell company transactions: None (d) Exhibits 99.1 Press Release of NMT Medical, Inc. dated November 09, 2010 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 hereunto duly authorized.

~~Form~~Dated: ~~8-K~~November 09, 2010 NMT MEDICAL, INC. By: /s/ Richard E. Davis Richard E. Davis President and Chief Executive Officer

CURRENT REPORT

Exhibit Index
Exhibit No.	Description
99.1	Press Release of NMT Medical, Inc. dated November 09, 2010

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported): 10/26/2010

NMT Medical, Inc.

(Exact name of registrant as specified in its charter)

Commission File Number: 000-21001

Delaware		95-4090463
(State or other jurisdiction of		(IRS Employer
incorporation)		Identification No.)

27 Wormwood Street, Boston, MA 02210-1625

(Address of principal executive offices, including zip code)

617-737-0930

(Registrant’s telephone number, including area code)

(Former name or former address, if changed since last report)

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:

[ ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) [ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) [ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) [ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Item 1.01. Entry into a Material Definitive Agreement

On October 26, 2010, NMT Medical, Inc. (the "Registrant") entered into a Forbearance Agreement (the "Forbearance Agreement") among the Registrant, NMT Heart, Inc. (together with the Registrant, individually and collectively, jointly and severally the "Borrower"), and Silicon Valley Bank (the "Lender"). Pursuant to the terms of the Forbearance Agreement, the parties acknowledge that the Borrower is currently in default of that certain Loan and Security Agreement, dated as of June 26, 2009, between Borrower and Lender, as amended by a certain First Modification Loan Agreement, dated as of May 3, 2010 (the "Loan Agreement"), as a result of the Borrower's failure to comply with the liquidity covenant contained in Section 6.9(a) (the "Existing Default") of the Loan Agreement, and that the Lender agrees to forbear from exercising its rights and remedies as a result of the Existing Default. The Forbearance Agreement is effective until November 19, 2010. The following summary description of the Forbearance Agreement does not purport to be complete and is qualified in its entirety by reference to the Forbearance Agreement which is attached as Exhibit 10.1 to this Current Report on Form 8-K and is incorporated herein by reference.

Item 9.01. Financial Statements and Exhibits

(d) Exhibits

See Exhibit Index attached hereto.

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.

		NMT Medical, Inc.
Date: October 28, 2010	By:	/s/ Richard E. Davis
		Richard E. Davis
		President and Chief Executive Officer

EXHIBIT INDEX

Exhibit No.		Description
EX-10.1		Forbearance Agreeement. by and between Silicon Valley Bank, NMT Medical, Inc. and NMT Heart, Inc., dated October 26, 2010

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