EMPLOYEE STOCK OPTIONS, RESTRICTED STOCK AWARD PLAN AND 401(k) | NOTE 13 – EMPLOYEE STOCK OPTIONS, RESTRICTED STOCK AWARD PLAN AND 401(k) In June 2020, officers and directors of the Company voluntarily returned stock options that had previously been granted to them. In total, 2,265,000 options with a weighted average exercise price of $6.87 per share were returned to and cancelled by the Company. No grants, cash payments or other consideration has been or will be made to replace the options or otherwise in connection with the return. As a result of the return and cancellation of the options, the Company incurred additional compensation expense of $768,379. During October and December 2020, as a result of changes to the executive team and the Board of Directors, the Company accelerated the vesting of 1,131,955 shares of restricted stock. As a result of the acceleration of these vestings, the Company incurred additional compensation expense of $2,361,362. Compensation expense charged against income for share-based awards during the years ended December 31, 2020, 2019 and 2018 was $5,364,162, $3,082,625 and $3,870,934, respectively. These amounts are included in general and administrative expense in the accompanying Statements of Operations. In 2011, the Company’s Board of Directors approved and adopted a long-term incentive plan, which was subsequently approved and amended by the shareholders. There were 341,155 shares eligible for grant, either as options or as restricted stock, as of December 31, 2020. Employee Stock Options 2020 2019 2018 Weighted- Weighted- Weighted- Average Average Average Options Exercise Price Options Exercise Price Options Exercise Price Outstanding at beginning of the year 2,748,500 $ 6.28 2,751,000 $ 6.28 3,193,000 $ 6.07 Issued — — — — — — Forfeited or rescinded (2,283,000) 6.89 (2,500) 11.70 (249,000) 6.09 Exercised — — — — (193,000) 2.96 Outstanding at end of year 465,500 $ 3.26 2,748,500 $ 6.28 2,751,000 $ 6.28 Exercisable at end of year 455,300 $ 3.11 2,506,700 $ 5.78 2,323,900 $ 5.42 For the years ended December 31, 2020, 2019 and 2018, the Company incurred stock-based compensation expense related to stock options of $927,559, $625,855 and $1,853,913, respectively. As of December 31, 2020, there was $14,988 of unrecognized compensation cost related to stock options that will be recognized over a weighted average period of 0.6 years. The aggregate intrinsic value of options vested and expected to vest as of December 31, 2020 was $0. The aggregate intrinsic value of options exercisable at December 31, 2020 was $0. The year-end intrinsic values are based on a December 31, 2020 closing price of $0.66. Options exercised of 193,000 in 2018 had an aggregate intrinsic value on the date of exercise of $1,470,230. No options were exercised in 2020 or 2019. The following table summarizes information related to the Company’s stock options outstanding as of December 31, 2020: Options Outstanding Weighted- Average Remaining Number Contractual Life Number Exercise price Outstanding (in years) Exercisable 2.00 395,000 2.92 395,000 5.50 5,000 2.20 5,000 14.54 10,000 3.73 10,000 8.00 4,500 3.92 4,500 6.42 15,000 5.34 12,000 11.75 36,000 5.95 28,800 465,500 3.25 455,300 Restricted stock grants # of shares of Grant date restricted stock April 4, 2018 2,000 September 27, 2018 2,500 December 26, 2018 615,380 April 9, 2019 10,400 May 30, 2019 5,000 July 9, 2019 5,000 September 13, 2019 10,000 December 21, 2019 627,205 October 1, 2020 900,000 October 26, 2020 150,000 December 15, 2020 930,000 Restricted stock grants prior to 2020 vest at the rate of 20% each year over five years beginning one year from the date granted. Restricted stock grants in 2020 vest at a rate of 33% each year over three years beginning one year from the date granted. A summary of the status of restricted stock grants as of December 31, 2020, 2019 and 2018 and changes during the years ended December 31, 2020, 2019 and 2018 is as follows: 2020 2019 2018 Weighted- Average Grant Weighted- Weighted- Date Fair Average Grant Average Grant Restricted stock Value Restricted stock Date Fair Value Restricted stock Date Fair Value Outstanding at beginning of the year 1,341,889 $ 4.99 878,360 $ 7.33 330,900 $ 13.44 Granted 1,980,000 0.71 657,605 2.63 619,880 4.78 Forfeited or rescinded (9,200) 3.97 (6,940) 4.23 (7,800) 13.44 Vested (1,180,392) 4.97 (187,136) 7.79 (64,620) 13.44 Outstanding at end of year 2,132,297 $ 2.94 1,341,889 $ 4.99 878,360 $ 7.33 For the years ended December 31, 2020, 2019 and 2018, the Company incurred stock-based compensation expense related to restricted stock grants of $4,436,603, $2,456,770 and $2,017,021, respectively. As of December 31, 2020, there was $1,520,839 of unrecognized compensation cost related to restricted stock grants that will be recognized over a weighted average period of 1.5 years. During 2020, 2019 and 2018, 1,180,392, 187,136 and 64,620 shares of restricted stock vested, respectively. At the dates of vesting those shares had an aggregate intrinsic value of $801,133, $494,605 and $304,360, respectively. 401(k) Plan The following table presents the matching contributions expense recognized for the Company's 401(k) plan for the years ended December 31, 2020 and 2019. There were no matching contributions prior to 2019. 2020 2019 Employer safe harbor match 138,977 59,716 |