Calculation of Filing Fee Tables
Form S-3
(Form Type)
Energy Focus, Inc.
(Exact Name of Registrant as Specified in its Charter)
Table 1—Newly Registered and Carry Forward Securities
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| Security Type | Security Class Title | Fee Calculation or Carry Forward Rule | Amount Registered(1) | 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 $0.0001 per share | 457(c) | 1,313,462 | $1.925(2) | $2,528,414.35(2) | $92.70 per $1,000,000 | $234.38(2) | | | | |
| Equity | Common stock, par value $0.0001 per share(3) | 457(c) | 1,378,848 | $1.925(4) | $2,654,282.40(4) | $92.70 per $1,000,000 | $246.05(4) | | | | |
| Equity | Common stock, par value $0.0001 per share(5) | 457(c) | 2,692,310 | $1.925(6) | $5,182,696.75(6) | $92.70 per $1,000,000 | $480.44(6) | | | | |
Fees Previously Paid | — | — | — | — | — | — | | — | | | | |
| Carry Forward Securities |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
Carry Forward Securities | — | — | — | — | | — | | | — | — | — | — |
| Total Offering Amounts | | $10,365,393.50 | | $960.87 | | | | |
| Total Fees Previously Paid | | | | — | | | | |
| Total Fee Offsets | | | | — | | | | |
| Net Fees Due | | | | $960.87 | | | | |
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(1) Pursuant to Rule 416 under the Securities Act of 1933, as amended (the “Securities Act”), the shares of common stock being registered hereunder include such indeterminate number of shares as may be issuable as a result of stock splits, stock dividends or similar transactions.
(2) Estimated solely for the purpose of calculating the registration fee and is based on the average of the high and low sales prices of the registrant’s common stock of $1.925 per share as of June 16, 2022 as reported on The Nasdaq Capital Market, pursuant to Rule 457(c) under the Securities Act.
(3) Represents shares of common stock issuable upon exercise of certain pre-funded warrants at an exercise price of $0.0001 per share, to be held by certain of the selling stockholders identified herein.
(4) Estimated solely for the purpose of calculating the registration fee and is based on the higher of (i) the price at which the pre-funded warrants may be exercised of $0.0001 per share and (ii) the average of the high and low sales prices of the registrant’s common stock of $1.925 per share as of June 16, 2022 as reported on The Nasdaq Capital Market, pursuant to Rule 457(g) under the Securities Act.
(5) Represents shares of common stock issuable upon exercise of certain warrants at an exercise price of $0.0001 per share, to be held by certain of the selling stockholders identified herein.
(6) Estimated solely for the purpose of calculating the registration fee and is based on the higher of (i) the price at which the warrants may be exercised of $1.30 per share and (ii) the average of the high and low sales prices of the registrant’s common stock of $1.925 per share as of June 16, 2022 as reported on The Nasdaq Capital Market, pursuant to Rule 457(g) under the Securities Act.
