EX-FILING FEES 4 tm2412459d2_ex-filingfees.htm EX-FILING FEES

 

Exhibit 107

 

Calculation of Filing Fee Tables

 

Form S-1

(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
Price (2)

    Fee Rate    

Amount of

Registration

Fee

 
Newly Registered Securities
Fees to Be Paid   Equity   Common Stock, par value $0.001 per share     457(c)   483,750     $ 3.40 (1)    $ 1,644,750       0.0001476     $ 242.77  
    Total Offering Amounts                   $ 1,644,750             $ 242.77  
    Total Fees Previously Paid                                       --  
    Total Fee Offsets                                     $ 3,505.50  
    Net Fees Due                                         --  

 

(1) 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-1   333-   4/24/2024       $ 3,505.50   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 Prior S-1. The Registrant completed the offering contemplated by the Prior 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. 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-1 are offset by $3,505.50, 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.