EX-FILING FEES 3 bpth-20240930xexfees.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 (1)(2)

    

Fee
Rate

    

Amount of
Registration
Fee

Newly Registered Securities

Fees to Be Paid

Equity

Common Stock, par value $0.001 per share

457(o)

$

10,000,000

0.00015310

$

1,531

Fees to Be Paid

Equity

Series A Common Warrants

457(g)

(3)

Fees to Be Paid

Equity

Common Stock, par value $0.001 per share, underlying Series A Common Warrants

457(o)

$

10,000,000

0.00015310

$

1,531

Fees to Be Paid

Equity

Series B Common Warrants

457(g)

(3)

Fees to Be Paid

Equity

Common Stock, par value $0.001 per share, underlying Series B Common Warrants

457(o)

$

10,000,000

0.00015310

$

1,531

Fees to Be Paid

Equity

Pre-Funded Warrants (4)

457(g)

Fees to Be Paid

Equity

Common Stock, par value $0.001 per share, underlying Pre-Funded Warrants (4)

457(o)

Fees to Be Paid

Equity

Placement Agent Warrants (5)

457(g)

Fees to Be Paid

Equity

Common Stock, par value $0.001 per share, underlying Placement Agent Warrants

457(o)

$

937,500

(6)

0.00015310

$

143.53

Total Offering Amounts

$

30,937,500

$

4,736.53

Total Fees Previously Paid

$

0.00

Total Fee Offsets

$

0.00

Net Fees Due

$

4,736.53

(1)Estimated solely for the purpose of calculating the registration fee pursuant to Rule 457(o) of the Securities Act of 1933, as amended (the “Securities Act”).

(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.

(3)In accordance with Rule 457(g), the entire registration fee for the warrants is allocated to the shares of common stock underlying the warrants, and no separate fee is payable for the warrants.

(4)The proposed maximum aggregate offering price of the common stock will be reduced on a dollar-for-dollar basis based on the offering price of any Pre-Funded Warrants issued in the offering, and the proposed maximum aggregate offering price of the Pre-Funded Warrants to be issued in the offering will be reduced on a dollar-for-dollar basis based on the offering price of any common stock issued in the offering. Accordingly, the proposed maximum aggregate offering price of the common stock and Pre-Funded Warrants (including the common stock issuable upon exercise of the Pre-Funded Warrants), if any, is $10,000,000.

(5)We have agreed to issue to the placement agent or its designees as compensation in connection with the offering, the placement agent warrants (the “Placement Agent Warrants”) to purchase shares of common stock equal to 7.5% of the shares of common stock issued in the offering (including the Pre-Funded Warrants issued in the offering). The Placement Agent Warrants are exercisable at a per share exercise price equal to 125% of the combined public offering price per share of common stock and accompanying Common Warrant offered hereby.

(6)We have calculated the proposed maximum aggregate offering price of the shares of common stock underlying the Placement Agent Warrants by assuming that such Placement Agent Warrants are exercisable at a price per share equal to 125% of the combined public offering price per share of common stock and accompanying Common Warrant.