Stockholders' Equity | Stockholders’ Equity Authorized Shares Under our Restated Certificate of Incorporation, the number of shares of capital stock we are authorized to issue consists of 50,000,000 shares of common stock, $ 0.02 par value, and 20,000,000 shares of preferred stock, $ 0.001 par value. Stock Incentive Plans On October 27, 2011, our stockholders approved our 2011 Stock Incentive Plan (2011 Plan). The 2011 Plan replaced our 2002 Stock Incentive Plan (2002 Plan) and awards can no longer be issued under the 2002 Plan; however, awards issued under the 2002 Plan prior to its termination remain outstanding in accordance with their terms. Both stock incentive plans provide that awards of stock options and shares of restricted stock may be granted to directors, employees and consultants. The terms of the awards are established by the administrator of the plans, our Compensation Committee. The stock options generally expire ten years after the date of grant or 30 days after termination of employment, vest ratably at a rate of 25% on each of the first four anniversaries of the grant date and have an exercise price at least equal to the market price of our stock on the date of grant. Outstanding restricted stock awards typically vest at a rate of 33.33% on each of the first three anniversaries of the grant date or cliff vest on the third anniversary of the grant date. The 2011 Plan initially provided for an aggregate of 775,000 shares available for grant, subject to adjustment in the event of a stock split, stock dividend, or other similar change in our common stock or our capital structure. The 2011 Plan contains an “evergreen” provision under which beginning on January 1, 2013, the number of shares available for grant under the 2011 Plan increases annually by an amount equal to the lesser of (x) 125,000 shares, (y) 3.0% of the number of shares outstanding as of such first day of each year or (z) a lesser number of shares determined by our Board of Directors. On May 21, 2015, a total of 20,200 shares of restricted stock were granted to members of our Board of Directors and on June 11, 2015, a total of 156,850 shares of restricted stock and 53,650 stock options were granted to our employees. Our closing share price on the dates of the grant awards were $2.97 and $2.69 , respectively. As of September 30, 2015 , after including the effects of grants, forfeitures and the evergreen provision, we had 133,377 shares available for issuance under the 2011 Plan. Stock Options Below is a summary of the options activity: Number of Shares Weighted Average Exercise Price Weighted Average Remaining Contractual Term (In Years) Options outstanding at January 1, 2015 455,850 $ 8.60 Granted 53,650 $ 2.69 Exercised (2,281 ) $ 2.36 Forfeited (22,712 ) $ 3.00 Expired (16,195 ) $ 27.38 Options outstanding at September 30, 2015 468,312 $ 7.59 7.91 Vested and expected to vest at September 30, 2015 442,290 $ 7.83 7.87 Options exercisable at September 30, 2015 194,393 $ 13.30 6.97 Share-based Compensation The share-based compensation expense related to stock options and restricted stock of continuing operations included in the accompanying condensed consolidated statements of operations and comprehensive loss in the financial information by reportable business segment in Note 11 is: Fuel Storage & Systems Corporate Total Three Months Ended September 30, 2015 Cost of product sales $ 2,677 $ — $ 2,677 Research and development 63,292 — 63,292 Selling, general and administrative 8,651 132,990 141,641 Total share-based compensation $ 74,620 $ 132,990 $ 207,610 Three Months Ended September 30, 2014 Cost of product sales $ 3,651 $ — $ 3,651 Research and development 54,359 — 54,359 Selling, general and administrative 9,009 113,072 122,081 Total share-based compensation $ 67,019 $ 113,072 $ 180,091 Nine Months Ended September 30, 2015 Cost of product sales $ 8,221 $ — $ 8,221 Research and development 171,430 — 171,430 Selling, general and administrative 25,848 351,880 377,728 Total share-based compensation $ 205,499 $ 351,880 $ 557,379 Nine Months Ended September 30, 2014 Cost of product sales $ 18,349 $ — $ 18,349 Research and development 106,731 — 106,731 Selling, general and administrative 20,735 251,435 272,170 Total share-based compensation $ 145,815 $ 251,435 $ 397,250 Warrants A summary of warrant activity and warrants outstanding, reportable in the equivalent number of shares of our common stock that can be purchased upon exercise of the warrants, is as follows: Warrants outstanding at January 1, 2015 8,327,405 Expired (405,214 ) Warrants outstanding at September 30, 2015 7,922,191 A summary of our outstanding warrants as of September 30, 2015 is as follows: Issue Date Expiration Date Shares Subject to Outstanding Warrants Exercise Price at End of Period References October 13, 2010 and October 19, 2010 October 13, 2015 and October 19, 2015 9,037 $ 53.60 February 18, 2011 February 18, 2016 189,836 $ 26.28 February 18, 2011; Series “B” February 18, 2016 98,481 $ 24.00 (a) June 15, 2011 June 15, 2016 361,458 $ 15.40 June 15, 2011 June 15, 2018 11,250 $ 12.48 June 15, 2011 June 15, 2018 30,064 $ 15.40 June 20, 2011 June 20, 2016 14,269 $ 15.60 June 20, 2011 June 20, 2018 31 $ 15.60 July 6, 2011 July 6, 2016 104,929 $ 15.40 August 23, 2011 August 23, 2016 28,750 $ 15.40 September 29, 2011 September 29, 2016 4,782 $ 3.32 October 12, 2011 October 12, 2016 115,314 $ 3.32 October 17, 2011 through October 21, 2011 October 17, 2016 through October 21, 2016 19,138 $ 10.56 December 21, 2011 December 21, 2016 819,851 $ 4.88 January 19, 2012 January 19, 2017 33,187 $ 4.88 March 20, 2012; Series “B” March 21, 2017 1,311,000 $ 4.08 March 21, 2012; Series “B” March 21, 2017 735,900 $ 4.08 May 3, 2012; Series “B” March 21, 2017 27,612 $ 4.08 June 14, 2012; Series “B” March 21, 2017 51,112 $ 4.08 May 7, 2012 May 7, 2019 50,000 $ 3.60 June 22, 2012 and June 28, 2012 June 22, 2017 and June 28, 2017 572,860 $ 3.40 July 25, 2012 July 25, 2017 34,888 $ 3.56 January 24, 2013 July 24, 2018 11,250 $ 2.84 (a) September 18, 2013 March 18, 2019 3,287,192 $ 2.30 Total warrants outstanding at September 30, 2015 7,922,191 None of the outstanding warrant contracts contain exercise price reset provisions. (a) The warrants issued on February 18, 2011 (Series “B”) and January 24, 2013 contain contractual provisions that could potentially require us to net-cash settle the value of the remaining outstanding warrants in the event of a change in control or other fundamental change. Since the contractual provisions that could require us to net-cash settle the warrants are deemed not to be within our control under applicable accounting guidance, equity classification is precluded. As such, we consider these warrants to be derivative instruments that are classified as current derivative liabilities at fair value on the dates of the condensed consolidated balance sheets presented. A summary of the changes in the fair values marked to market during the periods presented on the condensed consolidated statements of operations and comprehensive loss are disclosed in Note 8. Shares Available The number of authorized shares available for future issuance as of September 30, 2015 is as follows: Common Stock Preferred Stock Shares Authorized 50,000,000 20,000,000 Less shares issued and outstanding at September 30, 2015 (28,024,039 ) — Less shares designated as of September 30, 2015 for issuance under: Stock options (1) (601,689 ) — Warrants outstanding (7,922,191 ) — Conversion of principal under convertible notes (2) (5,236,312 ) — Undesignated shares available 8,215,769 20,000,000 (1) Includes all of the options outstanding plus 133,377 shares remaining that are available for issuance under the 2011 Plan. (2) Represents the number of shares issuable upon conversion of $12.5 million of principal maturing on September 18, 2018 under the Convertible Notes at a fixed conversion price of $2.3824 per share. Stockholders’ Equity Roll-forward The following table provides a condensed roll-forward of stockholders’ equity for the nine months ended September 30, 2015 : Common Shares Outstanding Total Equity Balance at January 1, 2015 23,276,264 $ 23,604,932 Share-based compensation, net of taxes paid in lieu of shares issued 132,002 447,054 Issuance of common stock to investors (1) 4,600,000 10,557,927 Issuance of common stock in connection with stock option exercises 2,281 5,375 Payment of services and other 13,492 528 Foreign currency translation — (361,375 ) Net loss — (12,263,601 ) Balance at September 30, 2015 28,024,039 $ 21,990,840 (1) On February 18, 2015, we completed an underwritten offering of 4,600,000 shares of common stock, $0.02 par value per share. The number of shares sold in the offering includes the underwriter’s full exercise of the over-allotment option to purchase an additional 600,000 shares of common stock. The net proceeds we received, net of underwriting discounts and other estimated offering expenses, were approximately $10.6 million . |