Exhibit 107
Calculation of Filing Fee Tables
Form S-3
(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 Stock, par value $0.001 per share | 457(c) | 5,565,612(1) | $ | 2.31 | (2) | $ | 12,856,564 | 0.0001476 | $ | 1,897.63 | ||||||||||||||
Total Offering Amounts | $ | 12,856,564 | $ | 1,897.63 | ||||||||||||||||||||||
Total Fees Previously Paid | -- | |||||||||||||||||||||||||
Total Fee Offsets | $ | 3,262.73 | ||||||||||||||||||||||||
Net Fees Due | -- |
(1) | Consists of (i) 180,000 shares of our common stock and (ii) 5,385,612 shares of our common stock issuable to the selling stockholders upon exercise of warrants to purchase common stock. |
(2) | Estimated solely for the purpose of calculating the registration fee in accordance with Rule 457(c) under the Securities Act, based on the average of the high and low prices of the common stock of the registrant as reported on the Nasdaq Capital Market on April 22, 2024. |
(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. |
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-3 | 333- | 06/11/2024 | $ | 3,262.73 | Equity | Common Stock, par value $0.001 per share, warrants and Common Stock, par value $0.001 per share, underlying warrants | $ | 23,750,000 | (1) | ||||||||||||||||
Fee Offset Claims | Bio-Path Holdings, Inc. | Form S-1 | 333-278910 | 04/24/2024 | $ | 242.77 | Equity | Common Stock, par value $0.001 per share, warrants and Common Stock, par value $0.001 per share, underlying warrants | $ | 23,750,000 | (1) | ||||||||||||||||
Fee Offset Sources | Bio-Path Holdings, Inc. | Form S-1/A | 333-276239 | 01/23/2024 | $ | 662.50 | (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 “June 2023 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 contemporaneous fee payment of $3,306 on June 23, 2023 in connection with the initial filing of the June 2023 S-1. The Registrant completed the offering contemplated by the June 2023 S-1 on August 7, 2023. Upon completion of such offering, $25,800,000 of securities remained unsold. On December 22, 2023, the Registrant filed a Registration Statement on Form S-1 (File No. 333-276239) (the “December 2023 S-1”) and a pre-effective amendment to the December 2023 S-1 on January 23, 2024 in connection with the registration of common stock, warrants and common stock underlying warrants having a combined aggregate maximum offering price of $23,750,000. The Registrant paid a contemporaneous fee payment of $662.50 on January 23, 2024 in connection with the pre-effective amendment to the December 2023 S-1 and also claimed total fee offsets of $2,843 that were originally paid in connection with the June 2023 S-1. The Registrant withdrew the December 2023 S-1, including the pre-effective amendment thereto, on February 29, 2024. On March 8, 2024, the Registrant filed a Registration Statement on Form S-1 (File No. 333-277802) (the “March 2024 S-1”) claiming total fee offsets of $3,505.50, including $662.50 that were originally paid in connection with the pre-effective amendment to the December 2023 S-1 and $2,843 that were originally paid in connection with the June 2023 S-1. The Registrant withdrew the the March 2024 S-1 on March 25, 2024. On April 24, 2024, the Registrant filed a Registration Statement on Form S-1 (File No. 333-278910) (the “April 2024 S-1”) claiming total fee offsets of $3,505.50 in connection with registration fees payable of $242.77, including $662.50 that were originally paid in connection with the pre-effective amendment to the December 2023 S-1 and $2,843 that were originally paid in connection with the June 2023 S-1, in connection with the registration of common stock underlying warrants having a combined aggregate maximum offering price of $1,644,750. In accordance with Rule 457(p) under the Securities Act, the total amount of the registration fees due upon the initial filing of this Registration Statement on Form S-3 are offset by $3,262.73, representing the contemporaneous fee payments of $2,843 in connection with unsold securities under the June 2023 S-1 and $662.50 in connection with the pre-effective S-1 to the December 2023 S-1 that has been withdrawn, and after giving effect to the registration fee payable of $242.77 offset in the April 2024 S-1. |