VERTEX ENERGY, INC. POSASR

EXHIBIT 107

Calculation of Filing Fee Tables

Form S-3 

(Form Type)

Vertex Energy, 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  Unit

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

Equity

Common Stock, par value $0.00001 per share

Rule 457(o)

(2)

(3)

(3)

0

Equity

Preferred Stock, par value $0.00001 per share

Rule 457(o)

(2)

(3)

(3)

0

Debt

Debt Securities

Rule 457(o)

(2)

(3)

(3)

0

Other

Warrants

Rule 457(o)

(2)

(3)

(3)

0

Other

Units

Rule 457(o)

(2)

(3)

(3)

0

Total

n/a

Rule 457(o)

n/a

Unallocated (Universal) Shelf

$500,000,000.00

0.00011020

$55,100.00

Carry Forward Securities

Carry Forward Securities

Equity–

Common Stock, par value $ 0.00001 per share–

Rule 415(a)(6)

–

–

–

–

–

–

Equity

Preferred Stock, par value $0.00001 per share

Rule 415(a)(6)

Debt

Debt Securities

Rule 415(a)(6)

Other

Warrants

Rule 415(a)(6)

Other

Units

Rule 415(a)(6)

Total

n/a

Rule 415(a)(6)

n/a(4)

n/a

$500,000,000.00(4)

0.00011020

n/a

S-3

333-255090

April 16, 2021

$54,550.00 (4)

Total Offering Amount/Registration Fee

$500,000,000.00*

$55,100.00 (4)

Total Fees Previously Paid

$54,550(4)

Total Fee Offsets

$54,550(4)

Net Fee Due

$550.00

(1)	Calculated pursuant to Rule 457(o) under the Securities Act of 1933, as amended, or the Securities Act, based on the proposed maximum aggregate offering price.
(2)	There are being registered hereunder such indeterminate number of shares of common stock, preferred stock, debt securities and warrants to purchase common stock, preferred stock and debt securities as shall have an aggregate initial offering price not to exceed $500,000,000. The securities registered also include such indeterminate amounts and numbers of common stock, preferred stock and debt securities as may be issued upon conversion of or exchange for preferred stock, that provide for conversion or exchange, upon exercise of warrants, or pursuant to the anti-dilution provisions of any such securities. If any debt securities are issued at an original issue discount, then the offering price of such debt securities shall be in such greater principal amount at maturity as shall result in an aggregate offering price not to exceed $500,000,000, less the aggregate dollar amount of all securities previously issued hereunder. Any securities registered hereunder may be sold separately or as units with other securities registered hereunder. No separate consideration will be received for any shares of common stock, preferred stock, or principal amounts of debt securities so issued upon conversion or exchange. The securities registered also include such indeterminate number of shares of common stock and preferred stock and amount of debt securities as may be issued upon conversion of or exchange for preferred stock or debt securities that provide for conversion or exchange, upon exercise of warrants or pursuant to the antidilution provisions of any such securities. In addition, pursuant to Rule 416 under the Securities Act, the shares being registered hereunder include such indeterminate number of shares of common stock, preferred stock, debt securities, warrants, and units as may be issuable with respect to the shares 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. The aggregate amount of the registrant’s common stock, preferred stock, debt securities and/or warrants registered hereunder that may be sold in “at the market” offerings for the account of the registrant is limited to that which is permissible under Rule 415(a)(4) under the Securities Act.
(4)	In accordance with Rule 415(a)(6) under the Securities Act, this registration statement carries over $500,000,000 of unsold securities previously registered under the registrant’s shelf registration statement on Form S-3 (Registration No. 333-255090) filed with the Securities and Exchange Commission on April 7, 2021 (the “Prior Registration Statement”) and declared effective on April 16, 2021. As of the date of this registration statement, the registrant has sold no securities under the Prior Registration Statement. The registrant hereby offsets any registration fee that may be due under this registration statement by the filing fee of $54,550.00 associated with the $500,000,000 of unsold securities previously registered in the primary offering under the Prior Registration Statement (the “Previously Paid Fee”). As a result, net registration fees of $550.00 are payable in connection with the offering of new securities under this Registration Statement.