Form: S-8

Securities to be offered to employees in employee benefit plans

February 22, 2022

Exhibit 107

 

Calculation of Filing Fee Tables

 

Form S-8

(Form Type)

 

FRESH VINE WINE, INC.

(Exact Name of Registrant as Specified in its Charter)

 

Table 1: Newly Registered and Carry Forward Securities

  

  Security
Type
Security
Class
Title
Fee
Calculation
or Carry
Forward
Rule
Amount
Registered (1)

Proposed
Maximum
Offering
Price Per
Share

(4)

Maximum
Aggregate
Offering
Price

(4)

Fee
Rate
Amount
of
Registration
Fee
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

Rule 457(c)

and Rule 457(h)

1,800,000 (2) $4.66 $8,379,000.00 $0.0000927 $776.73        
Fees to Be
Paid
Equity Common Stock, $0.001 par value

Rule 457(c)

and Rule 457(h)

1,500,004 (3) $4.66 $6,982,518.62 $0.0000927 $647.28        
Fees
Previously
Paid
                       
Carry Forward Securities
Carry
Forward
Securities
                       
  Total Offering Amounts  - $15,361,518.62  - $1,424.01        
  Total Fees Previously Paid  -  -  -  -        
  Total Fee Offsets  -  -  -  -        
  Net Fee Due  -  -  - $1,424.01        

 

(1) Pursuant to Rule 416 under the Securities Act of 1933, as amended (the “Securities Act”), this Registration Statement shall also cover any additional shares of common stock, par value $0.001 per share (“Common Stock”), of Fresh Vine Wine, Inc. (the “Registrant”) that may become issuable under the Registrant’s 2021 Equity Incentive Plan (the “Plan”) and upon the exercise of the Registrant’s Founder Option Agreements, by reason of any stock dividend, stock split, recapitalization or other similar transaction that increases the number of the outstanding shares of Common Stock.
(2) Represents 1,800,000 shares of Common Stock reserved for issuance under the Registrant’s 2021 Equity Incentive Plan.
(3) Represents 1,500,004 shares of Common Stock that may be issued upon the exercise of the Registrant’s Founder Option Agreements.
(4) Estimated solely for purposes of calculating the registration fee in accordance with Rules 457(c) and 457(h) of the Securities Act by averaging the high and low sales prices of the Registrant’s Common Stock reported on The NYSE American on February 18, 2022.