Exhibit 107
Calculation of Filing Fee Tables
Form S-1
(Form Type)
Bio-Path Holdings, Inc.
(Exact Name of Registrant as Specified in its Charter)
Table 1: Newly Registered Securities
Security Type | Security Class Title | Fee Calculation or Carry Forward Rule | Amount Registered | Proposed Maximum Offering Price Per Share | Maximum Aggregate Offering | Fee Rate | Amount of Registration Fee | |||||
| Newly Registered Securities | ||||||||||||
| Fees To Be Paid | Equity | Common Warrants | 457(g) | (3) | ||||||||
| Fees To Be Paid | Equity | Common Stock, par value $0.001 per share, underlying Common Warrants | 457(o) | $4,750,000 | 0.00014760 | $701.10 | ||||||
| Fees Previously Paid | Equity | Common Stock, par value $0.001 per share | 457(o) | $9,500,000 | $1,402.20 | |||||||
| Fees Previously Paid | Equity | Common Warrants | 457(g) | (3) | ||||||||
| Fees Previously Paid | Equity | Common Stock, par value $0.001 per share, underlying Common Warrants | 457(o) | $9,500,000 | $1,402.20 | |||||||
| Fees Previously Paid | Equity | Pre-Funded Warrants (4) | 457(g) | |||||||||
| Fees Previously Paid | Equity | Common Stock, par value $0.001 per share, underlying Pre-Funded Warrants (4) | 457(g) | |||||||||
| Total Offering Amounts | $23,750,000 | $3,505.50 | ||||||||||
| Total Fees Previously Paid | $2,804.40 | |||||||||||
| Total Fee Offsets | $38.60 | |||||||||||
| Net Fees Due | $662.50 | |||||||||||
| (1) | Estimated solely for the purpose of calculating the registration fee pursuant to Rule 457(o) of the Securities Act of 1933, as amended (the “Securities Act”). |
| (2) | Pursuant to Rule 416(a) promulgated under the Securities Act, there are also being registered an indeterminable number of additional securities as may be issued to prevent dilution resulting from stock splits, stock dividends, or similar transactions. |
| (3) | In accordance with Rule 457(g), the entire registration fee for the Common Warrants is allocated to the shares of common stock underlying the Common Warrants, and no separate fee is payable for the warrants. |
| (4) | The proposed maximum aggregate offering price of the common stock will be reduced on a dollar-for-dollar basis based on the offering price of any Pre-Funded Warrants issued in the offering, and the proposed maximum aggregate offering price of the Pre-Funded Warrants to be issued in the offering will be reduced on a dollar-for-dollar basis based on the offering price of any common stock issued in the offering. Accordingly, the proposed maximum aggregate offering price of the common stock and Pre-Funded Warrants (including the common stock issuable upon exercise of the Pre-Funded Warrants), if any, is $9,500,000. |
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 | |||||
| Rule 457(p) | |||||||||||||||
| Fee Offset Claims | Bio-Path Holdings, Inc. | Form S-1 | 333-272879 | 06/23/2023 | $2,843 | Equity | Common Stock, par value $0.001 per share, warrants and Common Stock, par value $0.001 per share, underlying warrants | $25,800,000 (1) | |||||||
| Fee Offset Sources | Bio-Path Holdings, Inc. | Form S-1 | 333-272879 | 06/23/2023 | $2,843 | (1) | |||||||||
| (1) | On June 23, 2023, Bio-Path Holdings, Inc. (the “Registrant”) filed a Registration Statement on Form S-1 (File No. 333-272879) (the “Prior S-1”) in connection with the registration of common stock, warrants and common stock underlying warrants having a combined aggregate maximum offering price of $30,000,000. The Registrant paid a registration fee of $3,306 on June 23, 2023 in connection with the initial filing of the Prior S-1. The Registrant completed the offering contemplated by the Prior S-1 on August 7, 2023. Upon completion of such offering, $25,800,000 of securities remained unsold, and $2,843 of the original $3,306 fee represented the fee paid in connection with unsold securities under the Prior S-1. In accordance with Rule 457(p) under the Securities Act, the total amount of the registration fee of $2,804.40 due upon the initial filing of this Registration Statement on Form S-1 was offset by $2,804.40 of the $2,843 paid in connection with unsold securities under the Prior S-1, and a portion of the total amount of the registration fee due upon the filing of this pre-effective amendment equal to $38.60 is being offset by the remaining portion of the $2,843 fee paid in connection with unsold securities under the Prior S-1. |
