EX-FILING FEES 5 ex_504094.htm EXHIBIT FILING FEES ex_504094.htm

Exhibit 107

Calculation of Filing Fee Tables

Form S-8

(Form Type)

 

Windtree Therapeutics, 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)(2)

Proposed

Maximum

Offering

Price Per

Unit(3)

Maximum

Aggregate

Offering

Price(3)

Fee Rate

Amount of

Registration

Fee

Equity

Common Stock, par

value $0.001

457(c) and 457(h)

30,888

$1.44

$44,478.72

0.0001102

$4.91

Total Offering Amount

 

$44,478.72

 

4.91

Total Fee Offsets (4)

     

Net Fee Due

     

$4.91

(1)

Pursuant to Rule 416(a) promulgated under the Securities Act of 1933, as amended (the “Securities Act”), this Registration Statement covers an indeterminate number of additional shares of common stock, par value $0.001 (the “Common Stock”), of Windtree Therapeutics, Inc. (the “Registrant”) issuable under the Windtree Therapeutics, Inc. 2020 Equity Incentive Plan (the “Plan”) in the event the number of outstanding shares of the Registrant is increased by reason of any stock dividend, stock split, recapitalization, merger, consolidation or reorganization or similar transaction.

(2)

Represents 30,888 shares of Common Stock that were added to the shares authorized for issuance under the Plan on January 1, 2023 pursuant to an “evergreen” provision contained in the Plan. Pursuant to such provision in the Plan, on January 1 of each year, the Registrant’s board of directors may approve an increase to the number of shares authorized for issuance under the Plan of up to four percent (4%) of the issued and outstanding Common Stock of the Registrant.

(3)

Estimated in accordance with Rule 457(c) and (h) under the Securities Act solely for the purpose of calculating the registration fee based upon the average of the high and low prices of the Registrant’s Common Stock on the Nasdaq Capital Market on May 16, 2023.

(4)

The Registrant does not have any fee offsets.