EX-FILING FEES 4 tm2330738d1_ex-filingfees.htm EX-FILING FEES

Exhibit 107

 

Calculation of Filing Fee Table

 

Form S-8

(Form Type)

 

ARMATA PHARMACEUTICALS, INC.

(Exact Name of Registrant as Specified in its Charter)

 

Table 1: Newly Registered Securities.

 

Security
Type
  Security
Class Title
  Fee
Calculation
Rule
  Amount
to be
registered (1)
  Proposed
maximum
offering
price per
share(3)
  Maximum aggregate
offering price(3)
  Fee Rate   Amount of
registration fee
Equity   Common Stock, par value $0.01 per share   457(c) and 457(h)   4,593,409
(2)
  $2.42 (3)   $11,116,049.78   0.00014760   $1,640.73 (4)
Equity   Common Stock, par value $0.01 per share   457(c) and 457(h)   8,568 (5)   $2.42 (3)   $20,734.56   0.00014760   $3.06 (4)
Total Offering Amount               $1,643.79
Total Fee Offsets               $0
Net Fees Due               $1,643.79

 

(1) Pursuant to Rule 416(a) under the Securities Act of 1933, as amended (the “Securities Act”), this Registration Statement shall also cover any additional shares of the registrant’s Common Stock, par value $0.01 per share (“Common Stock”) of Armata Pharmaceuticals, Inc. (the “Company”) that become issuable under the Armata Pharmaceuticals, Inc. 2016 Equity Incentive Plan (the “Armata 2016 Plan”) or the Armata Pharmaceuticals, Inc. 2016 Employee Stock Purchase Plan (the “Armata 2016 ESPP”) by reason of any future stock dividend, stock split, recapitalization or other similar adjustments of the outstanding Common Stock.
(2) Represents (i) 496,137 shares of Common Stock that were automatically added to the shares authorized for issuance under the Armata 2016 Plan on January 1, 2020, (ii) 934,423 shares of Common Stock that were automatically added to the shares authorized for issuance under the Armata 2016 Plan on January 1, 2021, (iii) 1,355,614 shares of Common Stock that were automatically added to the shares authorized for issuance under the Armata 2016 Plan on January 1, 2022, and (iv) 1,807,235 shares of Common Stock that were automatically added to the shares authorized for issuance under the Armata 2016 Plan on January 1, 2023, in each case, pursuant to an “evergreen” provision contained in the Armata 2016 Plan. Pursuant to such “evergreen” provision, on January 1st of each calendar year, from January 1, 2017 through and including January 1, 2026, the number of shares authorized for issuance under the Armata 2016 Plan is automatically increased by: (a) a number equal to 5% of the total number of shares of the Company’s capital stock outstanding on December 31st of the preceding calendar year, or (b) a lesser number of shares determined by the Company’s board of directors (the “Board”).
(3) Estimated solely for purposes of calculating the amount of the registration fee, pursuant to Rules 457(c) and 457(h) under the Securities Act, the proposed maximum aggregate offering price is the product obtained by multiplying (i) $2.42 (the average of the high and low prices of the Company’s Common Stock on November 8, 2023, as reported on the NYSE American) by (ii) 4,601,977 (the number of shares of Common Stock issuable in connection with equity awards that may be granted in the future pursuant to the Armata 2016 Plan or the Armata 2016 ESPP).
(4) The amount of registration fee is calculated only with respect to the additional shares of Common Stock registered on this Registration Statement. The existing securities issuable under the Armata 2016 Plan and Armata 2016 ESPP were registered, and the correlating registration fee paid,  pursuant to the Registration Statements on Form S-8 filed on June 22, 2016 (File No. 333-212183), May 1, 2017 (File No. 333-217563), November 14, 2017 (File No. 333-221564), March 28, 2018 (File No. 333-223987), and June 10, 2019 (File No. 333-232058).
(5) Represents (i) 2,142 shares of Common Stock that were automatically added to the shares authorized for issuance under the Armata 2016 ESPP on January 1, 2020, (ii) 2,142 shares of Common Stock that were automatically added to the shares authorized for issuance under the Armata 2016 ESPP on January 1, 2021, (iii) 2,142 shares of Common Stock that were automatically added to the shares authorized for issuance under the Armata 2016 ESPP on January 1, 2022, and (iv) 2,142 shares of Common Stock that were automatically added to the shares authorized for issuance under the Armata 2016 ESPP on January 1, 2023, in each case, pursuant to an “evergreen” provision contained in the Armata 2016 ESPP. Pursuant to such provision, on January 1st of each calendar year, from January 1, 2017 through and including January 1, 2026, the number of shares authorized for issuance under the Armata 2016 ESPP is automatically increased by a number equal to the least of: (a) 1% of the total number of shares of the Company’s capital stock outstanding on December 31st of the preceding calendar year; (b) 2,142 shares; or (c) a number determined by the Board that is less than (a) and (b).

 

Table 2: Fee Offset Claims and Sources

 

N/A