Stock-Based Compensation | 12. STOCK-BASED COMPENSATION The Company has three equity incentive plans, the 2010 Employee, Director and Consultant Equity Incentive Plan, the 2013 Equity Incentive Plan, and the 2023 Equity Incentive Plan (2023 Equity Plan) that provide for the granting of stock options, restricted stock, stock appreciation rights, stock units, cash awards, and cash settled bonus awards (CSBU) to certain employees, members of the board of directors, and consultants of the Company with a generally prescribed contractual term of ten years . As of June 30, 2023, there were 5,305,289 shares of common stock available for grant under the Company’s equity incentive plans. In May 2023, the Company's Board of Directors authorized the 2023 Equity Plan to replace the Company's 2013 Equity Incentive Plan. On June 30, 2023, the Company's stockholders approved the 2023 Equity Plan at the Company's 2023 annual meeting of stockholders. Pursuant to the 2023 Equity Plan, the Company will not make any further grants under the 2013 Equity Plan following June 30, 2023, though awards previously granted under the 2013 Equity Plan will remain outstanding. The 2023 Equity Plan is effective for a period of ten years after June 30, 2023, and a total of 5,450,000 additional shares of the Company’s common stock, in addition to shares of the Company’s common stock that are subject to awards granted under the 2013 Equity Plan that are outstanding as of such date and that are subsequently forfeited, cancelled or expire before being exercised or settled in full and thereupon become available for grant under the 2023 Equity Plan, are authorized for issuance under the 2023 Equity Plan. In 2020 and 2022 the Company granted cash awards under its Management Cash Incentive Plan, as amended. The cash awards vest in four annual installments from the date of grant based on continued service, and entitle the employees to receive a cash payment, on the earlier of (i) four years from the date of grant or (ii) a change of control, equal in value to the amount by which the then value of the Company’s common stock exceeds the base value. As of June 30, 2023, $ 2.2 million was accrued as compensation expense for vested cash awards. There was no unrecognized expense as of June 30, 2023. In 2022, the Company granted performance CSBUs under its Management Cash Incentive Plan, as amended. Subject to and conditioned upon the acceptance by the FDA of the Company's submission of an NDA for reproxalap (Performance Criteria), the awards will vest in four annual installments from the date of grant based on continued service, and entitle the employees to receive a cash payment for each vested CSBU, on the earlier of (i) four years from the date of grant or (ii) a change of control, equal in value of the closing price per share of the Company's common stock on the Nasdaq Capital Market on the payment date. As of June 30, 2023, $ 2.8 million was accrued as compensation expense for CSBUs as the Performance Criteria was met in February 2023. There was no unrecognized expense as of June 30, 2023. The Company recognizes stock-based compensation expense over the requisite service period. The Company's share-based awards are accounted for as equity instruments, except for cash awards and CSBUs, which are accounted for as liabilities. The amounts included in the consolidated statements of operations relating to stock-based compensation associated with the two equity incentive plans, cash awards, CSBUs, and Helio foun ders’ shares are as follows: Three Months Ended June 30, Six Months Ended June 30, 2023 2022 2023 2022 Research and development expenses $ 862,370 $ 640,017 $ 3,053,738 $ 1,485,683 General and administrative expenses 711,170 654,318 $ 2,710,157 $ 1,745,230 Total stock-based compensation expense $ 1,573,540 $ 1,294,335 $ 5,763,895 $ 3,230,913 Stock Options The table below summarizes activity relating to stock options under the incentive plans for the six months ended June 30, 2023: Number of Weighted Weighted Aggregate Outstanding at December 31, 2022 5,403,982 $ 5.90 6.56 $ 10,506,953 Granted 1,172,775 $ 6.96 Exercised ( 9,604 ) $ 0.55 Outstanding at June 30, 2023 6,567,153 $ 6.10 6.72 $ 17,499,570 Exercisable at June 30, 2023 4,350,421 $ 5.93 5.56 $ 12,366,166 (a) The aggregate intrinsic value in this table was calculated on the positive difference, if any, between the closing price per share of the Company’s common stock on June 30, 2023 of $ 8.39 and the per share exercise price of the underlying options. As of June 30, 2023, unamortized stock-based compensation for stock options outstanding was $ 9.7 million and is expected to be recognized over a weighted average period of 2.62 years. Total unrecognized compensation cost will be adjusted for future forfeitures, if necessary. Restricted Stock Units The table below summarizes activity relating to restricted stock units (RSUs) for the six months ended June 30, 2023: Number Weighted-Average Grant Date Fair Value Outstanding at December 31, 2022 1,184,603 4.95 Granted 238,750 6.76 Vested ( 215,253 ) 5.72 Outstanding at June 30, 2023 1,208,100 5.17 The weighted-average grant date fair value of RSUs granted was $ 6.76 per share for the six months ended June 30, 2023 . The total grant date fair value of RSUs vested was $ 1.2 million for the six months ended June 30, 2023. As of June 30, 2023, the outstanding RSUs had unamortized stock-based compensation of $ 5.0 million with a weighted-average remaining recognition period of 2.95 years and an aggregate intrinsic value of $ 10.1 million . Employee Stock Purchase Plan At June 30, 2023, the Company had 2,355,322 shares available for issuance under the 2016 Employee Stock Purchase Plan (2016 ESPP). A summary of the weighted-average grant-date fair value, and total stock-based compensation expense recognized related to the 2016 ESPP are as follows: Six Months Ended June 30, 2023 2022 Weighted-average grant-date fair value per share $ 2.70 $ 1.65 Total stock-based compensation expense $ 26,734 $ 33,342 |