EX-FILING FEES 3 ex107.htm

Exhibit 107

Calculation of Filing Fee Tables

S-1

(Form Type)

Digital Ally, 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 |  |  | Proposed Maximum Offering Price Per Share |  |  | Maximum Aggregate Offering Price(1)(2) |  |  | Fee Rate |  |  | Amount of Registration Fee |
Fees to be Paid |  | Equity |  | Units consisting of: (3)(4) |  | 457(o) |  |  | — |  |  |  | — |  |  | $ | 17,250,000.00 |  |  | $ | 0.00015310 |  |  | $ | 2,640.98 |
Fees to be Paid |  | Equity |  | (i) Common stock, $0.001 par value per share(5) |  | — |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |
Fees to be Paid |  | Equity |  | (ii) One Series A Warrant to purchase one share of Common Stock(5) |  | — |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |
Fees to be Paid |  | Equity |  | (iii) One Series B Warrants to purchase a number of shares of Common Stock(5) |  | — |  |  | — |  |  |  | — |  |  |  | — | (3) |  |  | — |  |  |  | — |
Fees to be Paid |  | Equity |  | Pre-Funded Units consisting of: (3)(4) |  | 457(o) |  |  | — |  |  |  | — |  |  |  | — | (3) |  |  | — |  |  |  | — |
Fees to be Paid |  | Equity |  | (i) Pre-Funded Warrants to purchase shares of Common Stock(5) |  |  |  |  | — |  |  |  | — |  |  |  | — | (3) |  |  | — |  |  |  | — |
Fees to be Paid |  | Equity |  | (ii) One Series A Warrants to purchase one share of Common Stock(5) |  | — |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |
Fees to be Paid |  | Equity |  | (iii) One Series B Warrant to purchase shares of Common Stock(5) |  | — |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |
Fees to be Paid |  | Equity |  | Common stock underlying the Series A Warrants included as part of Units and Pre-Funded Units(6) |  | 457(g) |  |  | — |  |  |  | — |  |  | $ | 21,562,500.00 |  |  | $ | 0.00015310 |  |  | $ | 3,301.22 |
Fees to be Paid |  | Equity |  | Common stock underlying the Series B Warrants included as part of Units and Pre-Funded Units(7) |  | 457(g) |  |  | — |  |  |  | — |  |  | $ | 34,500,000.00 |  |  | $ | 0.00015310 |  |  | $ | 5,281.95 |
Fees Previously Paid |  | — |  | — |  | — |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |  |  | $ | — |
Carry Forward Securities |  | — |  | — |  | — |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |  |  |  | — |
Total Offering Amounts |  |  |  |  |  |  |  |  |  | $ | 73,312,500.00 |  |  |  |  |  |  | $ | 11,224.14 |
Total Fees Previously Paid |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  | $ | 2,640.98 |
Total Fee Offset |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |
Net Fee Due |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  | $ | 8,583.16 |

(1) | Estimated solely for the purpose of calculating the amount of the registration fee pursuant to Rule 457(o) under the Securities Act of 1933, as amended (the “Securities Act”).
(2) | Pursuant to Rule 416(a) under the Securities Act, this registration statement shall also cover an indeterminate number of shares that may be issued and resold resulting from stock splits, stock dividends or similar transactions.
(3) | In accordance with Rule 416(a), the Registrant is also registering an indeterminate number of additional shares that shall be issuable pursuant to Rule 416 to prevent dilution resulting from share splits, share dividends or similar transactions.
(4) | The proposed maximum offering price of the units proposed to be sold in the offering will be reduced on a dollar-for-dollar basis based on the offering price of any pre-funded units offered and sold in the offering, and as such the proposed aggregate maximum offering price of the units together with the pre-funded units (including shares of common stock issuable upon exercise of the pre-funded warrants), if any, is $17,250,000.00.
(5) | No separate registration fee required pursuant to Rule 457(g) under the Securities Act.
(6) | The Series A Warrants are exercisable at a price per share equal to 125% of the share offering price.
(7) | The Series B warrants are exercisable at a price per share equal to 200% of the share offering price.