Stock Incentive Plan | 9. STOCK INCENTIVE PLAN The Company has three incentive plans. One was adopted in 2004 (2004 Plan) and provided for the granting of stock options and restricted stock awards and generally prescribed a contractual term of seven years. The 2004 Plan terminated in August 2010. However, grants made under the 2004 Plan are still governed by that plan. As of March 31, 2016, options to purchase 23,954 shares of common stock at a weighted average exercise price of $3.24 per share remained outstanding under the 2004 Plan. The Company approved the 2010 Employee, Director and Consultant Equity Incentive Plan (2010 Plan) in September 2010 to replace the 2004 Plan. The 2010 Plan provided for the granting of stock options and restricted stock awards. The 2010 Plan terminated upon the Initial Public Offering. However, grants made under the 2010 Plan are still governed by that plan. As of March 31, 2016, options to purchase 585,888 shares of common stock at a weighted average exercise price of $1.41 per share remained outstanding under the 2010 Plan. The Company approved the 2013 Equity Incentive Plan (2013 Plan) in October 2013. The 2013 Plan became effective immediately on adoption although no awards were to be made under it until the effective date of the Registration Statement for the Initial Public Offering. The 2013 Plan provides for the granting of stock options, restricted stock, stock appreciation rights, stock units, and performance cash awards to certain employees, members of the board of directors and consultants of the Company. As of December 31, 2014, the number of shares of common stock authorized for issuance in connection with the 2013 Plan was 625,000. On January 1 of each year the aggregate number of common shares that may be issued under the Plan shall automatically increase by a number equal to the least of (a) 4% of the total number of common shares outstanding on the last calendar day of the prior fiscal year, (b) subject to adjustment for certain corporate transactions, 333,333 common shares, or (c) a number of common shares determined by the Company’s board of directors. As of January 1, 2016, the number of shares of common stock that may be issued under the 2013 Plan was automatically increased by 333,333 shares, increasing the number of shares of common stock available for issuance under the 2013 Plan to 1,180,950 shares. As of March 31, 2016, options to purchase 1,037,167 shares of common stock at a weighted average exercise price of $5.94 per share remained outstanding under the 2013 Plan. Terms of stock award agreements, including vesting requirements, are determined by the Company’s board of directors or its compensation committee, subject to the provisions of the respective plan they were granted. Options granted by the Company typically vest over a four year period. Certain of the options are subject to acceleration of vesting in the event of certain change of control transactions. The options may be granted for a term of up to ten years from the date of grant. The exercise price for options granted under the 2013 Plan must be at a price no less than 100% of the fair market value of a common share on the date of grant. The table below summarizes activity relating to stock options for the three months ended March 31, 2016: Number of Weighted Weighted Aggregate (a) Outstanding at December 31, 2015 1,077,330 $ 3.98 Granted 578,150 $ 4.86 Exercised — — Forfeited (8,471 ) $ 5.23 Expired — — Outstanding at March 31, 2016 1,647,009 $ 4.31 8.55 $ 1,710,985 Exercisable at March 31, 2016 636,207 $ 2.21 7.46 $ 1,405,047 Exercisable at March 31, 2015 239,369 $ 8.43 (a) The aggregate intrinsic value in this table was calculated on the positive difference, if any, between the closing market value of our common stock on March 31, 2016 of ($4.19) and the price of the underlying options. We recognize stock-based compensation expense over the requisite service period. Our share-based awards are accounted for as equity instruments. The amounts included in the consolidated statements of operations relating to stock-based compensation are as follows: Three Months Ended March 31, 2016 2015 Research and development expenses $ 234,922 $ 298,714 General and administrative expenses 374,186 341,359 Total stock-based compensation expense $ 609,108 $ 640,073 As of March 31, 2016, unamortized stock-based compensation was $4,770,187 and will be recognized over a weighted average period of 2.63 years. |