Exhibit 107
Calculation of Filing Fee Table
Form S-3
(Form Type)
Biomerica, Inc.
(Exact Name of Registrant as Specified in its Charter)
Table 1: Newly Registered Securities 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(1)(2) | | | Fee Rate | | | Amount of Registration Fee(3) | | | 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 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Fees Previously Paid | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Carry Forward Securities | |
Carry Forward Securities | | | Equity | | | | Common stock, $0.08 par value per share | | | | 415 | (a)(6) | | | - | | | | - | | | $ | 20,000,000 | | | | - | | | | - | | | | S-3 | | | | 333-239980 | | | | 09/30/2020 | | | $ | 2,596 | |
| | Total Offering Amounts | | | $ | 20,000,000 | | | | | | | $ | 2,596 | | | | | | | | | | | | | | | | | |
| | Total Fees Previously Paid | | | | | | | | | | | $ | 2,596 | | | | | | | | | | | | | | | | | |
| | Total Fee Offsets | | | | | | | | | | | | - | | | | | | | | | | | | | | | | | |
| | Net Fee Due | | | | | | | | | | | $ | 0 | | | | | | | | | | | | | | | | | |
(1) | This registration statement covers the registration of such indeterminate number of shares of common stock as may be offered and sold from time to time by the registrant, which shall have an aggregate initial offering price not to exceed $20,000,000. In addition, pursuant to Rule 416 under the Securities Act of 1933, as amended (the “Securities Act”), the shares being registered hereunder include such indeterminate number of shares of common stock as may be issuable with respect to the shares being registered hereunder as a result of stock splits, stock dividends or similar transactions. |
(2) | Shares of common stock of the registrant in the proposed maximum aggregate offering amount of $90,000,000 were previously registered on the registrant’s registration statement on Form S-3 (File No. 333-239980) (the “Prior Registration Statement”), which was originally filed with the Securities and Exchange Commission (the “SEC”) on July 21, 2020, and declared effective by the SEC on September 30, 2020, $76,406,817 of which remain unsold as of the date hereof (the “Unsold Securities”). Pursuant to Rule 415(a)(6) under the Securities Act, an offering of $20,000,000 of the Unsold Securities will be registered pursuant to this registration statement. The registrant previously paid a fee of $11,682 in connection with the filing of the Prior Registration Statement, of which $2,596 relates to $20,000,000 of the Unsold Securities. The $2,596 previously paid filing fee relating to such Unsold Securities under the Prior Registration Statement will continue to be applied to such Unsold Securities registered on this registration statement. In accordance with Rule 415(a)(5) and Rule 415(a)(6), the registrant may continue to offer and sell the securities covered by the Prior Registration Statement during the grace period afforded by Rule 415(a)(5).To the extent that, after the filing date hereof and prior to effectiveness of this Registration Statement, the registrant sells any Unsold Securities under the Prior Registration Statement pursuant to Rule 415(a)(6), the Registrant will identify in a pre-effective amendment to this Registration Statement the updated amount of Unsold Securities from the Prior Registration Statement to be included in this registration statement pursuant to Rule 415(a)(6) and the updated amount of securities to be registered on this Registration Statement, if any. Pursuant to Rule 415(a)(6) under the Securities Act, the offering of the Unsold Securities under the Prior Registration Statement will be deemed terminated as of the date of effectiveness of this Registration Statement. |
(3) | The registration fee has been calculated pursuant to Rule 457(o) under the Securities Act based on the proposed maximum aggregate offering price of the shares to be sold. The registrant has determined to include in this Registration Statement $20,000,000 of the Unsold Securities under the Prior Registration Statement, but which remain unsold as of the date hereof. Pursuant to Rule 415(a)(6) under the Securities Act, the filing fee relating to such Unsold Securities under the Prior Registration Statement, which was paid under the Prior Registration Statement, will continue to be applied to such Unsold Securities registered pursuant to this Registration Statement. Accordingly, the “Amount of Registration Fee” for the offering above reflects only the filing fee attributable to the $20,000,000 of securities registered on this Registration Statement. |