0001181431-10-052331 Sample Contracts

FORBEARANCE AGREEMENT
Forbearance Agreement • October 28th, 2010 • NMT Medical Inc • Surgical & medical instruments & apparatus

This Forbearance Agreement (this "Agreement") is entered into as of October 26, 2010 by and between (i) (i) SILICON VALLEY BANK, a California corporation, with its principal place of business at 3003 Tasman Drive, Santa Clara, California 95054 and with a loan production office located at 275 Grove Street, Suite 2-200, Newton, Massachusetts 02466 ("Bank") and (ii) NMT MEDICAL, INC., a Delaware corporation ("NMT") and NMT HEART, INC., a Delaware corporation ("Heart", and together with NMT, individually and collectively, jointly and severally, the "Borrower") each with offices located at 27 Wormwood Street, Boston, Massachusetts 02210.

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