Exhibit 107
Calculation of Filing Fee Table
Form S-8
(Form Type)
Black Diamond Therapeutics, 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 | Rule 457(c) and Rule 457(h)(1) | 1,457,371 | (2) | 1.87 | (3) | $ | 2,725,284.77 | $ | 0.00011020 | $ | 300.33 | ||||||||||||
| Equity | Common Stock, $0.0001 par value per share | Rule 457(c) and Rule 457(h)(1) | 326,364 | (4) | 1.59 | (5) | $ | 518,755.58 | $ | 0.00011020 | $ | 57.17 | ||||||||||||
| Total Offering Amounts | $ | 3,244,039.35 | $ | 357.49 | ||||||||||||||||||||
| Total Fee Offsets | N/A | |||||||||||||||||||||||
| Net Fee Due | $ | 357.49 | ||||||||||||||||||||||
| (1) | Pursuant to Rule 416 under the Securities Act of 1933, as amended (the “Securities Act”), this registration statement on Form S-8 (this “Registration Statement”) shall also cover any additional shares of common stock, $0.0001 par value per share (the “common stock”), of Black Diamond Therapeutics, Inc. (the “Registrant”), which become issuable under the Registrant’s 2020 Stock Option and Incentive Plan (the “2020 Plan”) and 2020 Employee Stock Purchase Plan (the “2020 ESPP”) by reason of any stock dividend, stock split, recapitalization or any other similar transaction effected without the receipt of consideration which results in an increase in the number of outstanding shares of common stock. Pursuant to Rule 416(c) under the Securities Act, this Registration Statement shall also cover an indeterminate amount of interests to be offered or sold pursuant to the employee benefit plans described herein. |
| (2) | Represents an increase of 1,457,371 shares of common stock to the number of shares available for issuance under the 2020 Plan, effective January 1, 2023. Shares available for issuance under the 2020 Plan were previously registered on registration statements on Form S-8 (File No. 333-236170, File No. 333-254686, and File No. 333-263648) filed with the Securities and Exchange Commission (the “Commission”) on January 30, 2020, March 25, 2021, and March 17, 2022, respectively. |
| (3) | The price of $1.87 per share, which is the average of the high and low sales prices of the common stock of the Registrant as quoted on the Nasdaq Global Select Market on March 3, 2023, is set forth solely for the purpose of calculating the registration fee pursuant to Rule 457(c) and (h) of the Securities Act. |
| (4) | Represents an increase of 326,364 shares of common stock to the number of shares available for issuance under the 2020 ESPP, effective January 1, 2023. Shares available for issuance under the 2020 ESPP were previously registered on registration statements on Form S-8 (File No. 333-236170, File No. 333-254686 and File No. 333-263648) filed with the Commission on January 30, 2020, March 25, 2021, and March 17, 2022, respectively. |
| (5) | Estimated solely for the purpose of calculating the registration fee pursuant to Rule 457(c) and (h) of the Securities Act, and based on 85% of the average of the high and low sales price of the Registrant’s common stock, as quoted on the Nasdaq Global Select Market, on March 3, 2023. Pursuant to the 2020 ESPP, the purchase price of the shares of common stock reserved for issuance thereunder will be 85% of the fair market value per share of common stock on the first trading day of the applicable offering period or on the exercise date of the applicable offering period, whichever is less. |
