An engaging element for engaging tissue that includes a first member and a second member. The first member includes at least one tissue engaging portion at a first free end. The first tissue engaging member is movable between an open position and a closed position and has a second free end. The first tissue engaging member is restrained in movement at an intermediate position between the first free end and the second free end. A lock portion is operatively associated with the first member with the lock portion maintaining a spacing between the first member and the second member and inhibiting movement of the first member to the open position. The lock portion is operatively associated with a portion of the first tissue engaging member proximal the intermediate position.