EX-FILING FEES 4 tm229351d1_ex-filingfees.htm EX-FILING FEES

 

Exhibit 107

 

Calculation of Filing Fee Table

 

Form S-8

(Form Type)

 

Black Diamond Therapeutics, Inc.

(Exact Name of Registrant as Specified in its Charter)

 

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
 
Equity  Common Stock, $0.0001
par value per share
  Rule 457(c)
 and Rule 
457(h)(1)
   1,449,384(2)  $2.88(3)  $4,174,225.92   $0.0000927   $386.95 
Equity  Common Stock, $0.0001
par value per share
  Rule 457(c) 
and Rule 
457(h)(1)
   326,364(4)  $2.45(5)  $799,591.80   $0.0000927   $74.12 
Total Offering Amounts        $4,973,817.72        $461.07 
Total Fee Offsets                   N/A 
Net Fee Due                  $461.07 

 

(1)Pursuant to Rule 416 under the Securities Act of 1933, as amended (the “Securities Act”), this registration statement on Form S-8 (this “Registration Statement”) shall also cover any additional shares of common stock, $0.0001 par value per share (the “common stock”), of Black Diamond Therapeutics, Inc. (the “Registrant”), which become issuable under the Registrant’s 2020 Stock Option and Incentive Plan (the “2020 Plan”) and 2020 Employee Stock Purchase Plan (the “2020 ESPP”) by reason of any stock dividend, stock split, recapitalization or any other similar transaction effected without the receipt of consideration which results in an increase in the number of outstanding shares of common stock. Pursuant to Rule 416(c) under the Securities Act, this Registration Statement shall also cover an indeterminate amount of interests to be offered or sold pursuant to the employee benefit plans described herein.

 

(2)Represents an increase of 1,449,384 shares of common stock to the number of shares available for issuance under the 2020 Plan, effective January 1, 2022. Shares available for issuance under the 2020 Plan were previously registered on registration statements on Form S-8 (File No. 333-236170 and File No. 333-254686) filed with the Securities and Exchange Commission (the “Commission”) on January 30, 2020 and March 25, 2021, respectively.

 

(3)The price of $2.88 per share, which is the average of the high and low sales prices of the common stock of the Registrant as quoted on the Nasdaq Global Select Market on March 11, 2022, is set forth solely for the purpose of calculating the registration fee pursuant to Rule 457(c) and (h) of the Securities Act.

 

(4)Represents an increase of 326,364 shares of common stock to the number of shares available for issuance under the 2020 ESPP, effective January 1, 2022. Shares available for issuance under the 2020 ESPP were previously registered on registration statements on Form S-8 (File No. 333-236170 and File No. 333-254686) filed with the Commission on January 30, 2020 and March 25, 2021, respectively.

 

(5)Estimated solely for the purpose of calculating the registration fee pursuant to Rule 457(c) and (h) of the Securities Act, and based on 85% of the average of the high and low sales price of the Registrant’s common stock, as quoted on the Nasdaq Global Select Market, on March 11, 2022. Pursuant to the 2020 ESPP, the purchase price of the shares of common stock reserved for issuance thereunder will be 85% of the fair market value per share of common stock on the first trading day of the applicable offering period or on the exercise date of the applicable offering period, whichever is less.