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 “Board”) of the Company, the Company accelerated the vesting of 1,131,955 shares of restricted stock and as a result of such acceleration, 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, 2021, 2020, and 2019 was $2,418,323, $5,364,162,and $3,082,625, respectively. These amounts are included in general and administrative expense in the Statements of Operations. In 2011, the Board approved and adopted a long-term incentive plan (the “2011 Plan”), which was subsequently approved and amended by the shareholders. There were 341,155 shares eligible for grant, either as stock options or as restricted stock, as of December 31, 2021. In 2021, the Board approved and adopted The Omnibus Incentive Plan (the “2021 Plan”), which was subsequently approved and amended by the shareholders at the 2021 Annual Meeting. There were 7,814,128 shares eligible for grant, either as stock options or as restricted stock, as of December 31, 2021. Employee Stock Options from the grant date. A summary of the status of the stock options as of December 31, 2021, 2020, and 2019 and changes during the years ended December 31, 2021, 2020, and 2019 is as follows: 2021 2020 2019 Weighted- Weighted- Weighted- Average Average Average Options Exercise Price Options Exercise Price Options Exercise Price Outstanding at beginning of the year 465,500 $ 3.26 2,748,500 $ 6.28 2,751,000 $ 6.28 Issued — — — — — — Forfeited or rescinded — — (2,283,000) 6.89 (2,500) 11.70 Exercised (100,000) 2.00 — — — — Outstanding at end of year 365,500 $ 3.61 465,500 $ 3.26 2,748,500 $ 6.28 Exercisable at end of year 365,500 $ 3.61 455,300 $ 3.11 2,506,700 $ 5.78 For the years ended December 31, 2021, 2020, and 2019 the Company incurred share-based compensation expense related to stock options of $20,934, $927,559, and $625,855, respectively. As of December 31, 2021, the Company had $0 of unrecognized compensation cost related to stock options. The aggregate intrinsic value of options vested and expected to vest as of December 31, 2021 was $82,600. The aggregate intrinsic value of options exercisable at December 31, 2021 was $82,600. The year-end intrinsic values are based on a December 31, 2021 closing stock price of $2.28. Stock options exercised of 100,000 in 2021 had an aggregate intrinsic value on the date of exercise of $114,000. No stock options were exercised in 2020 or 2019. The following table summarizes information related to the Company’s stock options outstanding as of December 31, 2021: Options Outstanding Weighted- Average Remaining Number Contractual Life Number Exercise price Outstanding (in years) Exercisable $ 2.00 295,000 2.00 295,000 5.50 5,000 2.21 5,000 14.54 10,000 3.74 10,000 8.00 4,500 3.92 4,500 6.42 15,000 4.34 15,000 11.75 36,000 4.95 36,000 365,500 2.46 365,500 Restricted stock grants # of shares of Grant date restricted stock 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 April 30, 2021 33,950 June 17, 2021 1,162,152 July 6, 2021 11,824 July 12, 2021 4,007 September 1, 2021 10,417 September 8, 2021 3,306 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 and 2021 vest at a rate of 33% each year over three years beginning one year from the date granted for all employees; for members of the Company’s Board of Directors, the restricted stock grants vest on the earliest of (i) the day before the next shareholder meeting or (ii) the first anniversary of the date of the award. A summary of the status of restricted stock grants as of December 31, 2021 and 2020 and changes during the years ended December 31, 2021, 2020 and 2019 is as follows: 2021 2020 2019 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 year 2,132,297 $ 2.94 1,341,889 $ 4.99 878,360 $ 7.33 Granted 1,225,656 2.77 1,980,000 0.71 657,605 2.63 Forfeited or rescinded — — (9,200) 3.97 (6,940) 4.23 Vested (785,357) 1.37 (1,180,392) 4.97 (187,136) 7.79 Outstanding at end of year 2,572,596 $ 1.75 2,132,297 $ 2.94 1,341,889 $ 4.99 For the years ended December 31, 2021, 2020 and 2019, the Company incurred share-based compensation expense related to restricted stock grants of $2,225,895, $4,436,603, and $2,456,770, respectively. As of December 31, 2021, the Company had $2,721,852 of unrecognized compensation cost related to restricted stock grants that will be recognized over a weighted average period of 2.02 years. During 2021, 2020, and 2019, 785,357, 1,180,392, and 187,136 shares of restricted stock vested, respectively. At the dates of vesting those shares had an aggregate intrinsic value of $2,049,603, $801,133, and $494,605, respectively. Performance Stock Units - 2021 Weighted- Average Performance Grant Date Stock Units Fair Value Outstanding at beginning of year — $ — Granted 860,216 3.87 Forfeited or rescinded — — Vested — — Outstanding at end of year 860,216 $ 3.87 For the year ended December 31, 2021, the Company incurred share-based compensation expense related to the 2021 PSU Awards of $171,494. As of December 31, 2021, the Company had $3,348,851 of unrecognized compensation cost related to the 2021 PSU Awards that will be recognized over a weighted average period of 2 years . 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, 2021, 2020, and 2019. 2021 2020 2019 Employer safe harbor match 228,273 138,977 59,716 |