Form: S-3

Registration statement under Securities Act of 1933

December 16, 2022

Documents

 

 

 

Exhibit 107

 

CALCULATION OF REGISTRATION FEE TABLE

 

Form S-3

(Form Type)

 

Eyenovia, 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   457(c)   2,327,747(2)  $1.835 (4)  $4,271,415.75   $0.00011020   $470.71 
Equity  Common Stock, par value $0.0001 per share   457(c)   547,807(3)  $1.835 (4)  $1,005,225.85   $0.00011020   $110.78 
Total Offering Amounts               $5,276,641.60        $581.49 
Total Fees Previously Paid                          - 
Total Fee Offsets                          - 
Net Fee Due                         $581.49 

 

(1)This Registration Statement also relates to an indeterminate number of shares of common stock, par value $0.0001 per share (“Common Stock”), of Eyenovia, Inc. (the “Registrant”) that may be offered or issued to prevent dilution resulting from stock splits, stock dividends or similar transactions in accordance with Rule 416 under the Securities Act of 1933, as amended (the “Securities Act”).

 

(2)Represents shares of Common Stock issuable upon conversion of $5,000,000 of the outstanding principal amount under the note or notes issued in accordance with the terms of the Loan and Security Agreement, including the initial Supplement referenced therein (collectively, the “Loan and Security Agreement”), by and among the Registrant, Avenue Capital Management II, L.P., as administrative agent and collateral agent, Avenue Venture Opportunities Fund, L.P., as a lender (“Avenue 1”), and Avenue Venture Opportunities Fund II, L.P., as a lender (“Avenue 2”, and together with Avenue 1, the “Lenders”). The number of shares of Common Stock registered by the Registrant is calculated by dividing $5,000,000 by 120% of the closing price of the Registrant’s common stock on November 22, 2022, or $2.1480, in accordance with the terms of the Loan and Security Agreement.

 

(3)Represents the shares of Common Stock issued to the Lenders in a private placement in connection with the Loan and Security Agreement.

 

(4)Estimated solely for the purpose of calculating the amount of the registration fee pursuant to Rule 457(c) promulgated under the Securities Act on the basis of the average of the high and the low price of Registrant’s Common Stock as reported on the Nasdaq Capital Market on December 13, 2022.