EX-FILING FEES 6 ex_351237.htm EXHIBIT FILING FEES ex_351237.htm

Exhibit 107

 

Calculation of Filing Fee Tables

Form S-3

(Form Type)

Avinger, Inc.

(Exact Name of Registrant as Specified in its Charter)

Table 1: Newly Registered and Carry Forward Securities

 

Security
Type

Security
Class
Title

Fee
Calculation
or Carry
Forward
Rule

Amount
Registered

Proposed
Maximum
Offering
Price Per
Share

Maximum
Aggregate
Offering
Price

Fee
Rate

Amount
of
Registration
Fee

Carry
Forward
Form
Type

Carry
Forward
File
Number

Carry
Forward
Initial
effective
date

Filing Fee
Previously
Paid In
Connection
with
Unsold
Securities
to be
Carried
Forward

Newly Registered Securities

Fees to Be
Paid

                       

Fees Previously Paid

Equity

Common Stock, par value $0.001 per share

                   
 

Equity

Preferred Stock, par value $0.001 per share

                   
 

Other

Warrants

                   
 

Debt

Debt Securities

                   
 

Other

Subscription Rights

                   
 

Other

Units(1)

                   
 

Unallocated (Universal) Shelf

-

457(o)

(2)

(3)

$50,000,000.00(3)

0.0000927

$4,635.00(4)

       
 

Equity

Common Stock, par value $0.001 per share to be offered and sold by the Selling Security Holders identified herein(5)

Other

45

$3.72(5)

$167.40

0.0000927

$0.02

       

Carry Forward Securities

Carry Forward Securities

               

-

-

-

-

                         
 

Total Offering Amounts

 

$50,000,167.40

 

$4,635.02

       
 

Total Fees Previously Paid

     

-

       
 

Total Fee Offsets

     

-

       
 

Net Fees Due

     

$4,635.02

       

 

(1)

Consisting of some or all of the securities listed above, in any combination, including common stock, preferred stock, debt securities, warrants and subscription rights.

(2)

With respect to the primary offering, the securities registered hereunder include such indeterminate (a) number of shares of common stock, (b) number of shares of preferred stock, (c) number of depository shares, (d) warrants to purchase common stock, preferred stock or debt securities of the Registrant, (e)  debt securities, (f) subscription rights to purchase common stock, preferred stock or debt securities of the Registrant, and (g) units, consisting of some or all of these securities, as may be sold from time to time by the Registrant. Any securities registered hereunder may be sold separately or as units with other securities registered hereunder. There are also being registered hereunder an indeterminate number of shares of common stock, preferred stock and debt securities as shall be issuable upon conversion, exchange or exercise of any securities that provide for such issuance. In no event will the aggregate offering price of all types of securities issued by the Registrant pursuant to this registration statement exceed $50,000,000.  Pursuant to Rule 416 under the Securities Act of 1933, as amended (the “Securities Act”), this registration statement also covers such indeterminate number of securities as may be issuable with respect to the securities being registered hereunder as a result of stock splits, stock dividends or similar transactions.

(3)

The proposed maximum aggregate offering price per class of security will be determined from time to time by the registrant in connection with the issuance by the registrant of the securities registered hereunder and is not specified as to each class of security pursuant to General Instruction II.D. of Form S-3 under the Securities Act.

(4)

Calculated pursuant to Rule 457(o) under the Securities Act.

(5)

Estimated solely for the purpose of calculating the registration fee required by Section 6(b) of the Securities Act and computed pursuant to 457(c) under the Securities Act based on the average of the high and low prices of the registrant’s common stock on the Nasdaq Capital Market on March 24, 2022.

 

 

 

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

Rules 457(b) and 0-11(a)(2)

Fee Offset Claims

 

-

-

-

 

-

         

Fee Offset Sources

-

-

-

 

-

         

-

Rule 457(p)

Fee Offset Claims

-

-

-

-

 

-

-

-

-

-

 

Fee Offset Sources

-

-

-

 

-

         

-

 

 

Table 3: Combined Prospectuses

 

                                         

Security Type

Security Class Title

Amount of Securities
Previously Registered

Maximum Aggregate
Offering Price
of Securities
Previously Registered

Form
Type

File
Number

Initial
Effective Date

-

-

-

-

-

-

-