Exhibit 107
Calculation of Filing Fee Tables
FORM S-3
(Form Type)
TherapeuticsMD, 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 $0.001 per share | 457(o) | (1) | (1) | (1) | (1) | — | — | — | — | |||||||||||||||||||||
Fees to be Paid | Equity | Preferred stock, pay value $0.001 per share | 457(o) | (1) | (1) | (1) | (1) | — | — | — | — | |||||||||||||||||||||
Fees to be Paid | Debt | Debt Securities | 457(o) | (1) | (1) | (1) | (1) | — | — | — | — | |||||||||||||||||||||
Fees to be Paid | Equity | Depositary Shares | 457(o) | (1) | (1) | (1) | (1) | — | — | — | — | |||||||||||||||||||||
Fees to be Paid | Equity | Warrants | 457(o) | (1) | (1) | (1) | (1) | — | — | — | — | |||||||||||||||||||||
Fees to be Paid | Equity | Purchase Contracts | 457(o) | (1) | (1) | (1) | (1) | — | — | — | — | |||||||||||||||||||||
Fees to be Paid | Equity | Units | 457(o) | (1) | (1) | (1) | (1) | — | — | — | — | |||||||||||||||||||||
Fees to be Paid | Unallocated (Universal) Shelf | Unallocated (Universal) Shelf | 457(o) | (1) | $209,377,660 | $92.70 per $1,000,000 | $19,409.30(2) | — | — | — | — | |||||||||||||||||||||
Fees to be Paid | Equity | Common stock, par value $0.001 per share | 457(o) | — | — | (1) | (1) | (1) | — | — | — | — | ||||||||||||||||||||
Fees Previously Paid | Equity | Common stock, par value $0.001 per share | 457(o) | — | — | $59,377,660 | $109.10 per $1,000,000 | $6,478.10(2) | — | — | — | — |
Total Offering Amounts | $209,377,660 | $19,409.30 | ||||||||||||||||
Total Fees Previously Paid | $6,478.10 | |||||||||||||||||
Total Fee Offsets | $8,916.42(3) | |||||||||||||||||
Net Fee Due | $4,014.78 |
(1) Pursuant to Instruction 2.A(iii)(b) of Item 16(b) of Form S-3, this information is not required to be included. An indeterminate amount of the securities of each identified class is being registered as may from time to time be offered under this registration statement at indeterminate prices, along with an indeterminate number of securities that may be issued upon exercise, settlement, exchange or conversion of securities offered or sold under this registration statement, as shall have an aggregate initial offering price up to $209,377,660.
(2) The securities registered pursuant to this registration statement include unsold securities previously registered on this registration statement on March 4, 2021 (the “Original Registration Statement”). The Original Registration Statement registered the offer and sale of up to $100,000,000 in shares of the registrant’s common stock that may be issued and sold under an amended and restated sales agreement with Cantor Fitzgerald & Co. The registrant previously paid a fee of $10,910 related to such $100,000,000 in shares of common stock. Of such shares of common stock, $59,377,660 remain unsold (the “Unsold Securities”). The registrant has determined to include in this registration statement all of the Unsold Securities and the registration fee in the amount of $6,478.10 related thereto is applied to the registrant’s total registration fee.
(3) Pursuant to Rule 457(p), the registrant hereby partially offsets the registration fee required in connection with this filing by $8,916.42, which represents the remaining balance from the $32,450 registration fee previously paid by the registrant with respect to an aggregate $250,000,000 of securities previously registered under a universal shelf on a post-effective amendment to a registration statement on Form S-3 (Registration No. 333-226452) (the “Prior Registration Statement”), initially filed with the Securities and Exchange Commission on February 24, 2020, which is terminated and of which $68,693,563 aggregate offering amount was unsold. Pursuant to Rule 457(p) under the Securities Act, the $19,409.30 filing fee currently due in connection with this filing is offset in part against the $8,916.42 remaining balance for such unsold securities under the Prior Registration Statement.
(4) The Prior Registration Statement included an indeterminate number and amount of Common Stock, Preferred Stock, Debt Securities, Depository Shares, Warrants, Purchase Contracts and Units of the registrant that could be issued at currently indeterminable prices and could be issued upon conversion, redemption, repurchase, exchange or exercise of any securities registered thereunder, which together had a maximum aggregate initial offering price of $250,000,000.
Table 2: Fee Offset Claims and Sources
Registrant or Filer Name | Form or Filing Type | File Number | Initial Filing Date | Filing Date | Fee Offset | 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 | TherapeuticsMD, Inc. | S-3 | 333-226452 | February 24, 2020 | $8,916.42 | Unallocated | (4) | $68,693,563 | $68,693,563 | |||||||||||||
Fee Offset Sources | TherapeuticsMD, Inc. | S-3 | 333-226452 | February 24, 2020 | $8,916.42(3) |