EXHIBIT 107
CALCULATION OF FILING FEE TABLE
Form S-8
(Form Type)
EDIBLE GARDEN AG INCORPORATED
(Exact Name of Registrant as Specified in its Charter)
Table 1: Newly Registered Securities
Security Type | Security Class Title | Fee Calculation Rule | Amount Registered | Proposed Maximum Offering Price Per Unit | Maximum Aggregate Offering Price | Fee Rate | Amount of Registration Fee |
Equity | Common Stock, $0.0001 par value per share | Rule 457(c) and Rule 457(h) | 300,000(1)(2) | $1.21(3) | $363,000 |
0.00011020 | $40 |
Total Offering Amounts |
| $363,000 |
| $40 | |||
Total Fee Offsets |
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| $40(4) | |||
Net Fee Due |
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| $0 | |||
(1) | Reflects 300,000 additional shares of Common Stock issuable under the Edible Garden AG Incorporated 2022 Equity Incentive Plan, as amended (the “Plan”), as a result of an increase approved by the stockholders of the Company at its 2023 Annual Meeting of Stockholders on June 8, 2023. The Additional Shares are in addition to the shares of Common Stock previously registered for issuance under the Plan pursuant to the Company’s Registration Statement on Form S-8 (File No. 333-267441) filed with the Securities and Exchange Commission on September 15, 2022. |
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(2) | Pursuant to Rule 416(a) of the Securities Act, this Registration Statement also covers any additional shares of Common Stock that become issuable under the Plan by reason of any stock dividend, stock split, recapitalization or any other similar transaction effected without the receipt of consideration that results in an increase in the number of outstanding shares of Common Stock. |
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(3) | Estimated solely for the purpose of computing the registration fee pursuant to Rule 457(c) and 457(h) under the Securities Act, based on the average of the high and low prices of the Registrant’s shares of common stock as reported on the Nasdaq Capital Market on July 6, 2023. |
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(4) | Earlier paid on November 1, 2021 as set forth in Table 2 below. |
Table 2 - Fee Offset Claims and Sources | ||||||||||||
| Registrant 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 | |
Rules 457(p) | ||||||||||||
Fee Offset Claims | Edible Garden AG Incorporated | S-1(1) | 333-260655 | 11/01/2021 |
| $40 | Equity | Common stock, par value $0.0001 per share |
| $57,632,250 |
| |
Fee Offset Sources | Edible Garden AG Incorporated | S-1(1) | 333-260655 |
| 04/26/2022 |
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| $8,612 | |
(1) | The Registrant has completed any offering that included the unsold securities under the prior registration statement. |
