Found this article today on anandtech's website..very useful if you are the kind to be ultra specific in your htpc video card needs!
AnandTech - Discrete HTPC GPU Shootout
AnandTech - Discrete HTPC GPU Shootout
Alright it came in the mail today and indeed the top most fin is keeping the top lid from closing.
Other than that the card is working great!
Any ideas? Cut the case? Replacement lid? Taking all suggestions.