EQUITY, SHARE-BASED COMPENSATION AND WARRANTS | NOT E 10. EQUITY, SHARE-BASED COMPENSATION AND WARRANTS A summary of equity activity for the three months ended March 31, 2020 and March 31, 2019, follows (in thousands, except share amounts). Shares Preferred Series G Common Preferred Stock Common Accumulated Equity Balance, December 31, 2019 225 40,074,483 $ 112 $ 318,811 $ (287,180 ) $ 31,743 Common stock awards under equity incentive plans - 17,534 - 312 - 312 Net loss - - - - (3,033 ) (3,033 ) Balance, March 31, 2020 225 40,092,017 $ 112 $ 319,123 $ (290,213 ) $ 29,022 Shares Preferred Common Preferred Common Stock Accumulated Equity Balance, December 31, 2018 405 29,098,207 $ 201 $ 296,739 $ (273,229 ) $ 23,711 Proceeds from sale of common stock and prefunded warrant, net of costs - 3,046,668 - 11,593 - 11,593 Common stock awards under equity incentive plans - 36,881 - 364 - 364 Exercise of common stock warrants - 600,000 - 1,980 - 1,980 Conversion of preferred stock into common stock (180 ) 170,818 (89 ) 89 - - Exercise of common stock options - 77,078 - 60 - 60 Other - - - 28 - 28 Net loss - - - - (3,227 ) (3,227 ) Balance, March 31, 2019 225 33,029,652 $ 112 $ 310,853 $ (276,456 ) $ 34,509 On March 30, 2020, we entered into an at market issuance sales agreement with respect to an at-the-market offering program, under which we may offer and sell shares of our common stock having an aggregate offering price of up to $6.0 million through B. Riley FBR, Inc, as sales agent. The issuance and sale, if any, of our common stock under the agreement will be made pursuant to our effective “shelf” registration statement on Form S-3. Share-based compensation by type of award for the three months ended March 31, 2020, follows (in thousands). Common stock, vested at issuance and nonvested at issuance $ 105 Stock options 85 Restricted stock units 122 Compensation expense related to common stock awards issued under equity incentive plan $ 312 In the three months ended March 31, 2020, we issued 17,534 shares of common stock, vested at issuance, to a consultant at a grant date fair value of $1.11 per share and recognized $0.1 million of expense for shares of common stock vesting during the period. Stock options granted in the three months ended March 31, 2020, each vest and become exercisable in annual installments ending four years from the date of grant and were valued using methods and assumptions comparable to those for our 2019 stock option grants. Stock option activity for the three months ended March 31, 2020, follows. Shares Under Options Weighted Average Exercise Price Weighted Average Grant Date Fair Value Weighted Average Remaining Contractual Life (Years) Outstanding at December 31, 2019 996,009 $ 3.23 8.1 Granted 653,004 1.22 $ 0.73 10.0 Forfeited (125,173 ) 4.74 7.2 Outstanding at December 31 1,523,840 $ 2.24 8.8 Restricted stock unit (RSU) activity for the three months ended March 31, 2020, follows. RSU Shares Issued to Employees Unrecognized Stock Compensation (in thousands) Weighted Average Expense Period (Years) Nonvested at December 31, 2019 1,148,062 $ 377 1.4 Cancelled (625,000 ) - Forfeited (1) (175,000 ) (142 ) Expensed (2) - (122 ) Nonvested at March 31, 2020 (3) 348,062 $ 113 1.2 (1) We reversed $0.1 million of expense recognized prior to January 1, 2020 on forfeited RSU shares. (2) We expensed $0.1 million related to recognition of the unrecognized compensation associated with the cancelled RSU shares. (3) The shares subject to the RSUs vest based upon a vesting price equal to the volume weighted average trading price of our common stock over sixty-five consecutive trading days. Subject to a minimum service period, as described in the next sentence, the RSU shares vest as to (i) 34,806 shares on the date the vesting price equals or exceeds $5.00 per share (ii) 104,419 shares the date the vesting price equals or exceeds $10.00 per share and (iii) 208,837 shares the date the vesting price equals or exceeds $15.00 per share. Vesting on the RSU shares occurs the later of the one-year anniversary of the grant and the date the shares reach the vesting price indicated in the preceding sentence. The RSUs expire on the fifth anniversary of each grant at dates ranging through August 2024. In the three months ended March 31, 2020, warrants for the purchase of up to 265,000 shares of common stock ($5.25 per share exercise price) expired. |