EX-FILING FEES 4 d484878dexfilingfees.htm EX-FILING FEES EX-FILING FEES

Exhibit 107

Filing Fee Table

Form S-8

(Form Type)

NUVATION BIO INC.

(Exact Name of Registrant as Specified in its Charter)

Table 1: Newly Registered Securities

 

               
Security Type  

Security

Class

Title

  Fee
Calculation
Rule
  Amount to be
Registered (1)
  Proposed
Maximum
Offering
Price Per
Share
 

Proposed

Maximum

Aggregate

Offering

Price

 

Fee

Rate

  Amount of
Registration
Fee
               
Equity   Class A common stock, par value $0.0001 per share, reserved for issuance pursuant to the Registrant’s 2021 Equity Incentive Plan   457(c) and 457(h)   9,891,435(2)   $1.60 (4)   $15,826,296(4)   .0001102   $1,744.06
               
Equity   Class A common stock, par value $0.0001 per share, reserved for issuance pursuant to the Registrant’s 2021 Employee Stock Purchase Plan   457(c) and 457(h)   2,472,858(3)   $1.36 (5)   $3,363,086.88 (5)   .0001102   $370.62
         
Total Offering Amounts     $19,189,382.88     $2,114.68
         
Total Fees Previously Paid        
         
Total Fee Offsets        
         
Net Fee Due          

$2,114.68

 

(1)

Pursuant to Rule 416(a) promulgated under the Securities Act of 1933, as amended (the “Securities Act”), this Registration Statement shall also cover any additional shares of the Registrant’s Class A common stock (“Common Stock”) that become issuable under the 2021 Equity Incentive Plan (the “2021 Plan”) and the 2021 Employee Stock Purchase Plan (the “2021 ESPP”) set forth herein by reason of any stock dividend, stock split, recapitalization or other similar transaction effected without receipt of consideration that increases the number of outstanding shares of the Registrant’s Common Stock.

(2)

Represents additional shares of Common Stock reserved for future issuance under the 2021 Plan. The 2021 Plan provides that an additional number of shares will automatically be added annually to the shares authorized for issuance under the 2021 Plan on January 1st of each year, for a period of not more than 10 years, commencing on January 1, 2022 and ending on (and including) January 1, 2031, in an amount equal to the lesser of (a) 4% of the total number of shares of capital stock outstanding on December 31st of the preceding calendar year and (b) a number of shares of Common Stock designated by action of the Registrant’s board of directors prior to the first day of any calendar year. This filing covers the increase on January 1, 2023.

(3)

Represents additional shares of Common Stock reserved for future issuance under the 2021 ESPP. The 2021 ESPP provides that an additional number of shares will automatically be added annually to the shares authorized for issuance under the ESPP on January 1st of each calendar year, beginning on January 1, 2022 and ending on and including January 1, 2031, by the lesser of (a) 1% of the total number of shares of capital stock outstanding on December 31st of the preceding calendar year; (b) 9,500,708 shares of Common Stock and (c) a number of shares of Common Stock designated by action of the Registrant’s board of directors prior to the first day of any calendar year. This filing covers the increase on January 1, 2023.

(4)

Estimated solely for the purpose of calculating the amount of the registration fee pursuant to Rule 457(c) and 457(h) promulgated under the Securities Act. The proposed maximum offering price per share and the proposed maximum aggregate offering price are calculated using the average of the high and low prices of the Registrant’s Common Stock as reported on the New York Stock Exchange on March 13, 2023.

(5)

Estimated solely for the purpose of calculating the amount of the registration fee pursuant to Rule 457(c) and 457(h) promulgated under the Securities Act. The proposed maximum offering price per share and the proposed maximum aggregate offering price are calculated using the average of the high and low prices of the Registrant’s Common Stock as reported on the New York Stock Exchange on March 13, 2023, multiplied by 85%, which is the percentage of the price per share applicable to purchases under the 2021 ESPP.