EX-FILING FEES 5 d307046dexfilingfees.htm EX-FILING FEES EX-FILING FEES

Exhibit 107

Calculation of Filing Fee Table

Form S-8

Tempest Therapeutics, Inc.

Table 1 — Newly Registered Securities

 

     

Security

Type

  

Security

Class

Title

  

Fee

Calculation

Rule

 

Amount

Registered(1)

 

Proposed

Maximum

Offering

Price Per

Unit

 

Maximum

Aggregate

Offering

Price

  

Fee

Rate

  

Amount of

Registration

Fee

Fees to be

Paid

   Equity    Common stock, $0.001 par value per share, Amended and Restated 2019 Equity Incentive Plan    Other(2)   1,132,252(3)   2.05(2)   $2,321,116.60    .0000927    $215.17

Fees to be

Paid

   Equity    Common stock, $0.001 par value per share, Amended and Restated 2019 Employee Stock Purchase Plan    Other(4)   107,596(5)   1.75(4)   $107,596    .0000927    $17.46
     Total Offering Amounts    —     $2,509,409.60    —      $232.63
     Total Fees Previously Paid    —     —      —      —  
     Total Fee Offsets    —     —      —      —  
     Net Fee Due    —     —      —      $232.63

 

(1)

Pursuant to Rule 416(a) promulgated under the Securities Act of 1933, as amended, this Registration Statement shall also cover any additional shares of common stock of Tempest Therapeutics, Inc. (the “Registrant”) that become issuable under the Registrant’s Amended and Restated 2019 Equity Incentive Plan (the “2019 Plan”) and the Registrant’s Amended and Restated 2019 Employee Stock Purchase Plan (the “2019 ESPP”) by reason of any stock dividend, stock split, recapitalization, or other similar transaction effected that results in an increase to the number of outstanding shares of Registrant’s common stock, as applicable.

 

(2)

Estimated in accordance with Rule 457(c) and (h) solely for the purpose of calculating the registration fee on the basis of $2.05 per share of common stock, which represents the average of the high and low prices of the Registrant’s common stock as reported on The Nasdaq Capital Market on June 16, 2022.

 

(3)

Represents 1,132,252 additional shares of Registrant’s common stock that were added to the shares authorized for issuance under the 2019 Plan on June 17, 2022 pursuant to approval of the stockholders at the 2022 Annual Meeting of Stockholders.

 

(4)

Estimated in accordance with Rule 457(c) and (h) solely for the purpose of calculating the registration fee on the basis of $2.05 per share of common stock, which represents the average of the high and low prices of the Registrant’s common stock as reported on The Nasdaq Capital Market on June 16, 2022, multiplied by 85%, which is the percentage of the price per share applicable to shares issued under the 2019 ESPP.

 

(5)

Represents 107,596 additional shares of Registrant’s common stock that were added to the shares authorized for issuance under the 2019 ESPP on June 17, 2022 pursuant to approval of the stockholders at the 2022 Annual Meeting of Stockholders.