EX-FILING FEES 4 ex107.htm

 

Exhibit 107

 

Calculation of Filing Fee Table

 

Form S-3

(Form Type)

 

Biomerica, Inc.

(Exact Name of Registrant as Specified in its Charter)

 

Table 1: Newly Registered Securities and Carry Forward Securities

 

   Security
Type
   Security
Class Title
   Fee
Calculation or
Carry Forward
Rule
   Amount
Registered
   Proposed
Maximum
Offering
Price Per
Unit
   Maximum
Aggregate
Offering
Price(1)(2)
   Fee Rate   Amount of
Registration
Fee(3)
   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                                                
Fees Previously Paid                                                            

Carry Forward Securities

 
Carry Forward Securities   Equity    Common stock, $0.08 par value per share    415(a)(6)   -    -   $20,000,000    -    -    S-3    333-239980    09/30/2020   $2,596 
  

Total Offering Amounts

   $20,000,000        $

2,596

                     
  

Total Fees Previously Paid

             $

2,596

                     
  

Total Fee Offsets

              -                     
  

Net Fee Due

             $0                     

 

 

(1) This registration statement covers the registration of such indeterminate number of shares of common stock as may be offered and sold from time to time by the registrant, which shall have an aggregate initial offering price not to exceed $20,000,000. In addition, pursuant to Rule 416 under the Securities Act of 1933, as amended (the “Securities Act”), the shares being registered hereunder include such indeterminate number of shares of common stock as may be issuable with respect to the shares being registered hereunder as a result of stock splits, stock dividends or similar transactions.
(2) Shares of common stock of the registrant in the proposed maximum aggregate offering amount of $90,000,000 were previously registered on the registrant’s registration statement on Form S-3 (File No. 333-239980) (the “Prior Registration Statement”), which was originally filed with the Securities and Exchange Commission (the “SEC”) on July 21, 2020, and declared effective by the SEC on September 30, 2020, $76,406,817 of which remain unsold as of the date hereof (the “Unsold Securities”). Pursuant to Rule 415(a)(6) under the Securities Act, an offering of $20,000,000 of the Unsold Securities will be registered pursuant to this registration statement. The registrant previously paid a fee of $11,682 in connection with the filing of the Prior Registration Statement, of which $2,596 relates to $20,000,000 of the Unsold Securities. The $2,596 previously paid filing fee relating to such Unsold Securities under the Prior Registration Statement will continue to be applied to such Unsold Securities registered on this registration statement. In accordance with Rule 415(a)(5) and Rule 415(a)(6), the registrant may continue to offer and sell the securities covered by the Prior Registration Statement during the grace period afforded by Rule 415(a)(5).To the extent that, after the filing date hereof and prior to effectiveness of this Registration Statement, the registrant sells any Unsold Securities under the Prior Registration Statement pursuant to Rule 415(a)(6), the Registrant will identify in a pre-effective amendment to this Registration Statement the updated amount of Unsold Securities from the Prior Registration Statement to be included in this registration statement pursuant to Rule 415(a)(6) and the updated amount of securities to be registered on this Registration Statement, if any. Pursuant to Rule 415(a)(6) under the Securities Act, the offering of the Unsold Securities under the Prior Registration Statement will be deemed terminated as of the date of effectiveness of this Registration Statement.
(3) The registration fee has been calculated pursuant to Rule 457(o) under the Securities Act based on the proposed maximum aggregate offering price of the shares to be sold. The registrant has determined to include in this Registration Statement $20,000,000 of the Unsold Securities under the Prior Registration Statement, but which remain unsold as of the date hereof. Pursuant to Rule 415(a)(6) under the Securities Act, the filing fee relating to such Unsold Securities under the Prior Registration Statement, which was paid under the Prior Registration Statement, will continue to be applied to such Unsold Securities registered pursuant to this Registration Statement. Accordingly, the “Amount of Registration Fee” for the offering above reflects only the filing fee attributable to the $20,000,000 of securities registered on this Registration Statement.