EX-FILING FEES 5 ex107.htm

 

Exhibit 107

 

Calculation of Filing Fee Table

 

Form S-8

(Form Type)

 

Beyond Air, Inc.

(Exact Name of Registrant as Specified in its Charter)

 

Table 1: Newly Registered Securities

 

Security
Type
  Security
Class Title
  Fee
Calculation
Rule
   Amount
Registered(1)
   Proposed
Maximum
Offering
Price Per
Unit
   Proposed Maximum
Aggregate
Offering Price
   Fee Rate   Amount of
Registration
Fee
 
Equity  Common Stock, par value $0.0001 per share, reserved for issuance pursuant to the Beyond Air, Inc. Fourth Amended and Restated 2013 Equity Incentive Plan  Other    1,768,739(2)  $6.96(5)   $12,310,423 (5)   0.0001102   $1,356.61 
Equity  Common Stock, par value $0.0001 per share, reserved for issuance pursuant to the Beyond Air, Inc. Fourth Amended and Restated 2013 Equity Incentive Plan  457(c) and 457(h)    231,261(3)  $6.09(6)  $1,408,379(6)   0.0001102   $155.20 
Equity  Common Stock, par value $0.0001 per share, reserved for issuance pursuant to Stock Option Award (Inducement Grant)  457(h)   75,000(4)  $10.68(7)  $801,000(7)   0.0001102   $88.27 
Total Offering Amounts                $14,519,802        $1,600.08 
Total Fees Previously Paid                            
Total Fee Offsets                            
Net Fee Due                          $1,600.08 

 

(1) In accordance with Rule 416 under the Securities Act of 1933, as amended (the “Securities Act”), this registration statement shall be deemed to cover any additional securities that may from time to time be offered or issued to prevent dilution resulting from stock splits, stock dividends or similar transactions.
   
(2) Represents shares of common stock, par value $0.0001 per share (“Common Stock”), of Beyond Air, Inc. (the “Registrant”) reserved for issuance pursuant to options outstanding under the Registrant’s Fourth Amended and Restated 2013 Equity Incentive Plan (the “Amended Plan”), as of the date of this registration statement, which shares of Common Stock of the Registrant were added to the shares reserved under the Amended Plan on January 21, 2022.
   
(3) Represents shares of Common Stock of the Registrant that were added to the shares reserved under the Amended Plan on January 21, 2022 that are not subject to an outstanding award under the 2014 Plan and are not outstanding as of the date of this registration statement.
   
(4) Represents shares of Common Stock issuable upon the exercise of a stock option award granted to the Chief Financial Officer of the Registrant effective as of September 1, 2021 as an inducement material to his acceptance of employment with the Registrant (the “Inducement Award”).
   
(5) Estimated in accordance with Rule 457(h) of the Securities Act solely for the purpose of calculating the registration fee on the basis of the weighted-average exercise price for outstanding options granted pursuant to the Amended Plan as of the date of this registration statement.
   
(6) Estimated solely for the purpose of calculating the amount of the registration fee pursuant to Rule 457(c) and Rule 457(h) of the Securities Act, on the basis of the average of the high and low prices for a share of the Registrant’s common stock as reported on the Nasdaq Capital Market on February 10, 2023, which date is a date within five business days of the filing of this registration statement.
   
(7) Estimated in accordance with Rule 457(h) of the Securities Act solely for the purpose of calculating the registration fee on the basis of the price at which the Inducement Award may be exercised.