EX-FILING FEES 4 smsi-exfilingfees_9.htm EX-FILING FEES smsi-exfilingfees_9.htm

Exhibit 107

Calculation of Filing Fee Tables

 

FORM S-3

(Form Type)

 

SMITH MICRO SOFTWARE, 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
Rule

Amount
Registered (1)(3)

Proposed
Maximum
Offering
Price Per
Share(2)

Maximum
Aggregate
Offering
Price(2)

Fee
Rate

Amount of
Registration
Fee(4)

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

Equity

Common Stock, $0.001 par value per share

457(o)

(1)

(2)

 

 

 

 

 

 

 

Equity

Preferred Stock, $0.001par value per share

457(o)

(1)

(2)

 

 

 

 

 

 

 

Other

Warrants

457(o)

(1)

(2)

 

 

 

 

 

 

 

Other

Units

457(o)

(1)

(2)

 

 

 

 

 

 

 

Unallocated (Universal) Shelf

 

457(o)

(1)

(1)

$75,000,000

0.0000927

$6,953

 

 

 

 

Carry Forward Securities

Carry Forward Securities

Equity

Common Stock, $0.001 par value per share

415(a)(6)

 

 

 

 

 

 

 

 

 

Equity

Preferred Stock, $0.001par value per share

415(a)(6)

 

 

 

 

 

 

 

 

 

Other

Warrants

415(a)(6)

 

 

 

 

 

 

 

 

 

Other

Units

415(a)(6)

 

 

 

 

 

 

 

 

 

Unallocated (Universal) Shelf

 

457(0)

 

 

$9,782,609

0.0001298

 

S-3

333-238053

5/13/2020

$1,270

 

Total Offering Amounts

 

$75,000,000

0.0000927

$6,953

 

 

 

 

 

Total Fees Previously Paid

 

 

 

 

 

 

 

 

Total Fee Offsets (4)(5)

 

 

 

$1,270(5)

 

 

 

 

 

Net Fee Due

 

 

 

$5,683(5)

 

 

 

 

 


 

 

(1) This registration statement includes $75,000,000 of securities which may be issued by the registrant from time to time in indeterminate amounts and at indeterminate times. Securities registered hereunder may be sold separately, together or as units with other securities registered hereunder

(2) The proposed maximum aggregate offering price per class of security will be determined from time to time by the registrant in connection with the issuance by the registrant of the securities registered hereunder and is not specified as to each class of security pursuant to General Instruction II.D. of Form S-3 under the Securities Act.

(3) Subject to footnote (1), there is also being registered hereunder such indeterminate amount of securities (including shares or other classes of the registrants stock that may be issued upon reclassification of unissued, authorized stock of the registrant) as may be issued in exchange for or upon conversion of, as the case may be, the other securities registered hereunder. No separate consideration will be received for any securities registered hereunder that are issued in exchange for, or upon conversion of, as the case may be, such other securities.

(4) The registration fee has been calculated in accordance with Rule 457(o) under the Securities Act, and is paid herewith.

(5) On May 7, 2020, the registrant filed a registration statement on Form S-3 (File No. 333-238053)(the “Prior Registration Statement”), registering the issuance of up to $75,000,000 of securities pursuant to an unallocated (universal) shelf (the “Prior Securities”). The registration fee associated with the Prior Securities was $9,735. Pursuant to the Prior Registration Statement, the registrant completed an offering of $65,217,391 of Prior Securities, which equates to an associated registration fee of $8,465 based on the total registration fee paid in connection with the filing of the Prior Registration Statement. Accordingly, the unused registration fee paid in connection with the Prior Registration Statement is $1,270.  Pursuant to Rule 415(a)(6) and 457(p) under the Securities Act, the registration fee applicable to the $75,000,000 of securities of the registrant being registered hereby in the amount of $6,953 is offset by $1,270 in registration fees previously paid by the registrant with respect to the Prior Securities that were registered but not issued pursuant to the Prior Registration Statement.

 

Table 2: Fee Offset Claims and Sources

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Registrant
or Filer
Name

Form
or
Filing
Type

File
Number

Initial
Filing
Date

Fee Offset
Claimed

Security
Type
Associated
with Fee
Offset
Claimed

Security
Title
Associated
with Fee
Offset
Claimed

Unsold
Securities
Associated
with Fee
Offset
Claimed

Unsold
Aggregate
Offering
Amount
Associated
with Fee
Offset
Claimed

Fee Offset
Claims

Smith Micro Software, Inc.

S-3

333-238053

5/7/2020

$1,270

Unallocated
(Universal) Shelf

Unallocated
(Universal) Shelf

Unallocated
(Universal) Shelf

$9,782,609