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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): September 2, 2009
NUVASIVE, INC.
(Exact name of registrant as specified in its charter)
         
Delaware   000-50744   33-0768598
         
(State or Other Jurisdiction of
Incorporation)
  (Commission File
Number)
  (I.R.S. Employer Identification
Number)
7475 Lusk Boulevard, San Diego, California 92121
(Address of principal executive offices, with zip code)
(858) 909-1800
(Registrant’s telephone number, including area code)
n/a
(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 (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 (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))
 
 

 


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Item 5.02 Departure of Directors or Certain Officers; Compensatory Arrangements with Certain Officers
Item 9.01 Financial Statements and Exhibits
SIGNATURES
EXHIBIT INDEX
EX-99.1


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Item 5.02 Departure of Directors or Certain Officers; Compensatory Arrangements with Certain Officers
On September 2, 2009, Kevin C. O’Boyle, the Company’s Chief Financial Officer and Executive Vice President, notified NuVasive, Inc. (the “Company”) that he is resigning from his position with the Company so that he is able to attend to personal and family obligations. Mr. O’Boyle will continue to serve in his role as Chief Financial Officer and Executive Vice President until December 31, 2009, or potentially longer, to assist the Company in the recruitment of his replacement and effect an orderly transition.
In connection with his departure, Mr. O’Boyle has entered into a severance agreement that will provide him with healthcare benefits for 18 months after departing the Company and a severance payment of $565,000.
The press release announcing Mr. O’Boyle’s resignation is attached hereto as Exhibit 99.1.
Item 9.01 Financial Statements and Exhibits
(d) Exhibits
     
Exhibit 99.1
  Press release issued by the Company on September 2, 2009.

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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.
         
  NUVASIVE, INC.
 
 
Date: September 3, 2009  By:   /s/ Alexis V. Lukianov    
    Alexis V. Lukianov   
    Chairman and Chief Executive Officer   

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EXHIBIT INDEX
     
Exhibit    
Number   Description of Document
99.1
  Press release issued by the Company on September 2, 2009.

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