Exhibit 107

 

Calculation of Filing Fee Table

 

Form S-8

(Form Type)

 

Acurx Pharmaceuticals, Inc.

(Exact Name of Registrant as Specified in its Charter)

 

Table 1: Newly Registered

 

Security
Type
  Security
Class Title
  Fee
Calculation
Rule
  Amount
Registered
  

Proposed
Maximum

Offering
Price Per Unit

  

Maximum
Aggregate

Offering Price

   Fee Rate   Amount of
Registration
Fee
 
Equity  Common stock, par value $0.001 per share  457(c)
and
457(h)
   408,631(1)  $3.96(2)  $1,618,178.76   $0.0000927   $150.01 
Total Offering Amount               $1,618,178.76        $150.01 
Total Fees Previously Paid                           
Total Fee Offsets                           
Net Fee Due                         $150.01 

 

(1)The number of shares of common stock, par value $0.001 per share (“common stock”), of Acurx Pharmaceuticals, Inc. (the “Registrant”) stated above consists of additional shares of common stock available for issuance under the 2021 Equity Incentive Plan (the “Plan”), by operation of the Plan’s “evergreen” provision. The maximum number of shares which may be sold upon the exercise of options or issuance of stock-based awards granted under the Plan is subject to adjustment in accordance with certain anti-dilution and other provisions of the Plan. Accordingly, pursuant to Rule 416 under the Securities Act of 1933, as amended (the “Securities Act”), this registration statement covers, in addition to the number of shares stated above, an indeterminate number of shares which may be subject to grant or otherwise issuable after the operation of any such anti-dilution and other provisions.

 

(2)Estimated solely for the purpose of calculating the amount of the registration fee pursuant to Rule 457(c) and Rule 457(h) promulgated under the Securities Act. The offering price per share and the aggregate offering price for shares reserved for future grant or issuance under the Plan are based on the average of the high and the low price of Registrant’s common stock as reported on The Nasdaq Capital Market as of a date (March 11, 2022) within five business days prior to filing this Registration Statement.