EX-FILING FEES 9 tm2331778d4_ex-filingfees.htm EX-FILING FEES

 

Exhibit 107

 

Calculation of Filing Fee Tables

 

Form S-1

(Form Type)

 

Bio-Path Holdings, Inc.

(Exact Name of Registrant as Specified in its Charter)

 

Table 1: Newly Registered Securities

 

 

Security

Type

Security
Class
Title

Fee

Calculation

or Carry

Forward

Rule

Amount

Registered

Proposed

Maximum

Offering

Price Per

Share

Maximum

Aggregate

Offering
Price (1)(2)

Fee Rate

Amount of

Registration

Fee

Newly Registered Securities
Fees To Be Paid Equity Common Warrants 457(g)           (3)        
Fees To Be Paid Equity Common Stock, par value $0.001 per share, underlying Common Warrants 457(o)         $4,750,000   0.00014760 $701.10  
Fees Previously Paid Equity Common Stock, par value $0.001 per share 457(o)         $9,500,000     $1,402.20  
Fees Previously Paid Equity Common Warrants 457(g)           (3)        
Fees Previously Paid Equity Common Stock, par value $0.001 per share, underlying Common Warrants 457(o)         $9,500,000     $1,402.20  
Fees Previously Paid Equity Pre-Funded Warrants (4) 457(g)                  
Fees Previously Paid Equity Common Stock, par value $0.001 per share, underlying Pre-Funded Warrants (4) 457(g)                  
                         
                         
                         
  Total Offering Amounts $23,750,000     $3,505.50  
  Total Fees Previously Paid     $2,804.40  
  Total Fee Offsets     $38.60  
  Net Fees Due     $662.50  

 

(1) Estimated solely for the purpose of calculating the registration fee pursuant to Rule 457(o) of the Securities Act of 1933, as amended (the “Securities Act”).
(2) Pursuant to Rule 416(a) promulgated under the Securities Act, there are also being registered an indeterminable number of additional securities as may be issued to prevent dilution resulting from stock splits, stock dividends, or similar transactions.
(3) In accordance with Rule 457(g), the entire registration fee for the Common Warrants is allocated to the shares of common stock underlying the Common Warrants, and no separate fee is payable for the warrants.
(4) The proposed maximum aggregate offering price of the common stock will be reduced on a dollar-for-dollar basis based on the offering price of any Pre-Funded Warrants issued in the offering, and the proposed maximum aggregate offering price of the Pre-Funded Warrants to be issued in the offering will be reduced on a dollar-for-dollar basis based on the offering price of any common stock issued in the offering. Accordingly, the proposed maximum aggregate offering price of the common stock and Pre-Funded Warrants (including the common stock issuable upon exercise of the Pre-Funded Warrants), if any, is $9,500,000.

 

 

 

 

Table 2: Fee Offset Claims and Sources

 

  Registrant
or
Filer
Name
Form or
Filing
Type
File
Number
Initial
Filing
Date
Filing
Date
Fee Offset
Claimed
Security
Type
Associated
with
Fee
Offset
Claimed
Security Title
Associated
with Fee
Offset
Claimed
Unsold
Securities
Associated
with Fee
Offset
Claimed
Unsold
Aggregate
Offering
Amount
Associated
with Fee
Offset
Claimed
Fee Paid
with
Fee Offset
Source
Rule 457(p)
Fee Offset Claims Bio-Path Holdings, Inc. Form S-1 333-272879 06/23/2023       $2,843   Equity Common Stock, par value $0.001 per share, warrants and Common Stock, par value $0.001 per share, underlying warrants   $25,800,000 (1)    
Fee Offset Sources Bio-Path Holdings, Inc. Form S-1 333-272879     06/23/2023               $2,843  (1)

 

(1) On June 23, 2023, Bio-Path Holdings, Inc. (the “Registrant”) filed a Registration Statement on Form S-1 (File No. 333-272879) (the “Prior S-1”) in connection with the registration of common stock, warrants and common stock underlying warrants having a combined aggregate maximum offering price of $30,000,000.  The Registrant paid a registration fee of $3,306 on June 23, 2023 in connection with the initial filing of the Prior S-1.  The Registrant completed the offering contemplated by the Prior S-1 on August 7, 2023. Upon completion of such offering, $25,800,000 of securities remained unsold, and $2,843 of the original $3,306 fee represented the fee paid in connection with unsold securities under the Prior S-1.  In accordance with Rule 457(p) under the Securities Act, the total amount of the registration fee of $2,804.40 due upon the initial filing of this Registration Statement on Form S-1 was offset by $2,804.40 of the $2,843 paid in connection with unsold securities under the Prior S-1, and a portion of the total amount of the registration fee due upon the filing of this pre-effective amendment equal to $38.60 is being offset by the remaining portion of the $2,843 fee paid in connection with unsold securities under the Prior S-1.