Item 7.01 by reference.

 

The information contained in Items 2.02 and 7.01 of this current report on Form 8-K, including Exhibits 99.1, 99.2 and 99.3, 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

 

(d)                                 Exhibits

 

The following exhibits relating to Items 2.02 and 7.01 shall be deemed to be furnished, and not filed:

 

99.1                           Press release issued by the Corporation on October 26, 2009 entitled, “First Marblehead Announces First Quarter Fiscal 2010 Financial Results”

 

99.2                           Static pool data as of September 30, 2009

 

99.3                           Supplemental presentation dated September 30, 2009

 


 

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.

 

 

 

THE FIRST MARBLEHEAD CORPORATION

 

 

 

 

 

 

Date:  October 26, 2009

By:

/s/ Kenneth Klipper

 

 

Kenneth Klipper
Managing Director, Chief Financial Officer,
Treasurer and Chief Accounting Officer

 


 

EXHIBIT INDEX

 

Exhibit No.

 

Description

 

 

 

99.1

 

Press release issued by the Corporation on October 26, 2009 entitled, “First Marblehead Announces First Quarter Fiscal 2010 Financial Results”

 

 

 

99.2

 

Static pool data as of September 30, 2009

 

 

 

99.3

 

Supplemental presentation dated September 30, 2009