Up to $4 million for PN and more dilution for the
shareholders
CALCULATION OF REGISTRATION FEE
Common Stock, $0.001 par value per share 600,000
shares (2) $ 6.33 $ 3,798,000 $ 492.98
(1) Pursuant to Rule 416 promulgated under the Securities Act of 1933, as amended (the “Securities Act”), this Registration Statement is deemed to include additional shares of common stock issuable under the terms of the Bio-Path Holdings, Inc. 2017 Stock Incentive Plan, as amended by the First Amendment to Bio-Path Holdings, Inc. 2017 Stock Incentive Plan (as so amended, the “Plan”), by reason of any stock dividend, stock split, recapitalization or other similar transaction.
(2) Consists of shares of common stock issuable in respect of awards to be granted under the Plan.
(3) Estimated solely for the purpose of calculating the registration fee in accordance with Rules 457(c) and (h) promulgated under the Securities Act, based upon the average of the high and low prices of Bio-Path Holdings, Inc.’s common stock as reported on The Nasdaq Capital Market on February 11, 2020.
REGISTRATION OF ADDITIONAL SECURITIES PURSUANT TO GENERAL INSTRUCTION E
Bio-Path Holdings, Inc. (the “Company”) has filed this Registration Statement to register under the Securities Act of 1933, as amended, the offer and sale of an additional 600,000 shares of common stock of the Company, par value $0.001 per share, issuable under the Bio-Path Holdings, Inc. 2017 Stock Incentive Plan, as amended by the First Amendment to Bio-Path Holdings, Inc. 2017 Stock Incentive Plan (as so amended, the “Plan”). Accordingly, the contents of the previous Registration Statement on Form S-8 (File No. 333-223111) filed by the Company with the U.S. Securities and Exchange Commission on February 20, 2018 (the “Prior Registration Statement”) relating to the Plan, including periodic reports that the Company filed after the Prior Registration Statement to maintain current information about the Company, are incorporated by reference into this Registration Statement pursuant to General Instruction E of Form S-8. The Prior Registration Statement is currently effective.
