-----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, BZULwWqLwINtbBg9my6R/QWtmiQ/Hh3vX1r53R+37HpkK8LaeAMzTh5t4IxsPLtR 6LQ+pdvx5/CbfYbD/3Sefw== 0000927016-02-005734.txt : 20021127 0000927016-02-005734.hdr.sgml : 20021127 20021127142336 ACCESSION NUMBER: 0000927016-02-005734 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20021127 ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20021127 FILER: COMPANY DATA: COMPANY CONFORMED NAME: NMT MEDICAL INC CENTRAL INDEX KEY: 0001017259 STANDARD INDUSTRIAL CLASSIFICATION: SURGICAL & MEDICAL INSTRUMENTS & APPARATUS [3841] IRS NUMBER: 954090463 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-21001 FILM NUMBER: 02843225 BUSINESS ADDRESS: STREET 1: 27 WORMWOOD STREET CITY: BOSTON STATE: MA ZIP: 02210 BUSINESS PHONE: 6177370930 MAIL ADDRESS: STREET 1: 27 WORMWOOD STREET CITY: BOSTON STATE: MA ZIP: 02210 FORMER COMPANY: FORMER CONFORMED NAME: NITINOL MEDICAL TECHNOLOGIES INC DATE OF NAME CHANGE: 19960619 8-K 1 d8k.htm FORM 8-K FORM 8-K
 

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): November 27, 2002
 
NMT Medical, Inc.

(Exact name of registrant as specified in charter)
 
 
Delaware

 
000-21001

 
95-4090463

(State or other jurisdiction of incorporation)
 
(Commission File Number)
 
(IRS Employer Identification No.)
 
 
27 Wormwood Street, Boston, Massachusetts

  
02210-1625

(Address of principal executive offices)
  
(Zip Code)
 
 
Registrant’s telephone number, including area code: (617) 737-0930
 
 
N/A

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


 
Item 5.    Other Events.
 
On November 27, 2002, NMT Medical, Inc. (the “Company”) issued a press release announcing that the Company received notification of the arbitrator’s award of expenses in connection with the arbitration between the Company and Dr. Morris Simon, a former director of the Company. The arbitrator’s award provided that Dr. Simon is entitled to reimbursement of a portion of his expenses equal to $400,000. The full text of the Company’s press release is filed as Exhibit 99.1 to this Current Report on Form 8-K and is incorporated herein by reference.
 
Item 7.    Financial Statements, Pro Forma Financial Information and Exhibits.
 
(c)    Exhibits
 
Exhibit No.

  
Description

99.1
  
Press Release, dated November 27, 2002, announcing the receipt of notification of the arbitrator’s award of expenses in connection with the arbitration between the Company and Dr. Morris Simon.

2


 
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.
 
 
Date: November 27, 2002
 
NMT Medical, Inc.
(Registrant)
       
By:
 
/s/    RICHARD E. DAVIS        

           
Name:    Richard E. Davis
Title:      Vice President and Chief Financial Officer

3


 
EXHIBIT INDEX
 
Exhibit No.

  
Description

99.1
  
Press Release, dated November 27, 2002, announcing the receipt of notification of the arbitrator’s award of expenses in connection with the arbitration between the Company and Dr. Morris Simon.
EX-99.1 3 dex991.htm PRESS RELEASE, DATED NOVEMBER 27, 2002 Press Release, dated November 27, 2002
 
Exhibit 99.1
 
FOR IMMEDIATE RELEASE
 
Contact:    Richard E. Davis
                   Chief Financial Officer
                   NMT Medical, Inc.
                   (617) 737-0930
                   red@nmtmedical.com
 
NMT MEDICAL RECEIVES NOTIFICATION OF EXPENSE REIMBURSEMENT IN
CONNECTION WITH ARBITRATION
 
BOSTON, Mass., November 27, 2002 – NMT Medical, Inc. (Nasdaq: NMTI), a leader in designing, developing and marketing minimally invasive solutions for the treatment of cardiac sources of stroke, announced today that it received notification of the award of expenses in connection with the arbitration between the Company and Dr. Morris Simon, a former director of NMT. The arbitration sought resolution of certain disputes over royalties payable on sales of certain existing and future products under the Technology Purchase Agreement, dated as of April 14, 1987, between Dr. Simon and the Company.
 
As previously announced in an October 25, 2002 press release, the Company received the arbitrator’s substantive award in connection with the arbitration between the Company and Dr. Simon. In that press release, the Company noted that the arbitrator had not yet decided the issue of whether either party was entitled to reimbursement of all or a portion of its legal fees from the other. On November 26, 2002, the Company received the arbitrator’s Memo and Order on Request for Attorney’s Fees and Costs awarding a portion of Dr. Simon’s legal fees and costs to him in the amount of $400,000, which payment will be charged to the current quarter.
 
About NMT Medical, Inc.
 
NMT Medical designs, develops and markets proprietary implant technologies that allow interventional cardiologists to treat cardiac sources of stroke through minimally invasive catheter-based procedures. The Company also serves the pediatric interventional cardiologist with a broad range of cardiac septal repair implants delivered with nonsurgical catheter techniques. For more information about NMT Medical, please visit www.nmtmedical.com.
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