|
Transaction
Valuation*
|
Amount
of Filing Fee**
|
|
|
$2,578,500
|
$102
|
|
|
*
|
Pursuant
to Rules 0-11(d) and 0-11(a)(4) under the Securities Exchange Act of 1934,
as amended, and solely for the purpose of calculating the registration
fee, the market value of the securities to be received by Western Sizzlin
Corporation was calculated as the product of (i) 2,700,000 shares of ITEX
Corporation common stock, which is the maximum number of shares that may
be purchased by Western Sizzlin Corporation pursuant to its amended
exchange offer, and (ii) the average of the high and low sales prices of
ITEX Corporation common stock as quoted on the OTC Bulletin Board on March
10, 2008 ($0.955).
|
|
**
|
The
amount of the filing fee equals $39.30 per million dollars of transaction
value. The entire amount of the filing fee has been offset by
the amount of the filing fee previously paid by Western Sizzlin
Corporation as described below.
|
|
|
x
|
Check
box if any part of the fee is offset as provided by Rule 0-11(a)(2) and
identify the filing with which the offsetting fee was previously paid.
Identify the previous filing by registration statement number, or the Form
or Schedule and the date of its
filing.
|
|
Amount Previously Paid:
|
$490
|
Filing Party:
|
Western
Sizzlin Corporation
|
|||
|
Form
or Registration No.:
|
Form
S-4, 333-148349
|
Date
Filed:
|
December
27, 2007
|
|
WESTERN
SIZZLIN CORPORATION
|
|||
|
By:
|
/s/
Robyn B. Mabe
|
||
|
Name:
|
Robyn
B. Mabe
|
||
|
Title:
|
Vice
President and Chief Financial
Officer
|
||
|
(a)(1)(i)
|
|
Form
of Letter of Transmittal (1)
|
|
(a)(1)(ii)
|
|
Form
of Guidelines for Certification of Taxpayer Identification Number on
Substitute Form W-9 (1)
|
|
(a)(1)(iii)
|
|
Form
of Notice of Guaranteed Delivery (1)
|
|
(a)(1)(iv)
|
|
Form
of Letter to Brokers, Dealers, Commercial Banks, Trust Companies and Other
Nominees (1)
|
|
(a)(1)(v)
|
|
Form
of Letter to Clients for use by Brokers, Dealers, Commercial Banks, Trust
Companies and Other Nominees (1)
|
|
(a)(1)(vi)
|
Form
of Revised Letter of Transmittal (2)
|
|
|
(a)(1)(vii)
|
Form
of Revised Notice of Guaranteed Delivery (2)
|
|
|
(a)(1)(viii)
|
Form
of Revised Letter to Brokers, Dealers, Commercial Banks, Trust Companies
and Other Nominees (2)
|
|
|
(a)(1)(ix)
|
Form
of Revised Letter to Clients for use by Brokers, Dealers, Commercial
Banks, Trust Companies and Other Nominees (2)
|
|
|
(a)(2)
|
|
Not
applicable.
|
|
(a)(3)
|
|
Not
applicable.
|
|
(a)(4)
|
Prospectus
relating to Western Common Stock to be issued in the Offer
(3)
|
|
|
(a)(5)(i)
|
Text
of press release issued by Western, dated December 12, 2007
(4)
|
|
|
(a)(5)(ii)
|
|
Text
of press release issued by Western, dated December 27, 2007
(4)
|
|
(a)(5)(iii)
|
|
Text
of press release issued by Western, dated January 28, 2008
(4)
|
|
(a)(5)(iv)
|
Text
of press release issued by Western, dated February 1, 2008
(4)
|
|
|
(a)(5)(v)
|
Text
of press release issued by Western, dated February 29, 2008
(4)
|
|
|
(a)(5)(vi)
|
Text
of press release issued by Western, dated March 13, 2008
(4)
|
|
|
(a)(5)(vii)
|
Text
of press release issued by Western, dated March 27, 2008
(4)
|
|
|
(a)(5)(viii)
|
Text
of press release issued by Western, dated May 1, 2008
(4)
|
|
|
(a)(5)(ix)
|
Text
of press release issued by Western, dated May 14, 2008
(5)
|
|
|
(b)
|
|
Not
applicable.
|
|
(c)
|
|
Not
applicable.
|
|
(d)
|
|
Not
applicable.
|
|
(e)
|
|
Not
applicable.
|
|
(f)
|
|
Not
applicable.
|
|
(g)
|
|
Not
applicable.
|
|
(h)
|
|
Not
applicable.
|
|
(1)
|
Incorporated
by reference from Western’s Registration Statement on Form S-4 filed on
December 27, 2007.
|
|
|
(2)
|
Incorporated
by reference from Amendment No. 2 to Western’s Registration Statement on
Form S-4 filed on March 13, 2008.
|
|
|
(3)
|
Incorporated
by reference from the Rule 424(b)(3) prospectus filed on May 13,
2008.
|
|
|
(4)
|
Previously
filed.
|
|
|
(5)
|
Filed
herewith.
|