Share Based Compensation | 9 Share Based Compensation Under the Company’s 2019 Equity Incentive Plan (the 2019 Plan) and the Company’s Stock Option Plan (the 2011 Plan), unless otherwise decided by the Board of Directors, options vest and are exercisable as follows: 25% vest one thirty-sixth th remaining anniversary On November 10, 2021, the Company established an 2021 Inducement Plan under Nasdaq Marketplace Rules through the granting of awards. This 2021 Inducement Plan is intended to help the Company provide an inducement material for certain individuals to enter into employment with the Company, incentives for such persons to exert maximum efforts for the success of the Company and provide a means by which employees may benefit from increases in value of the common shares. There were 523,000 granted and 20,000 options cancelled for the year ended December 31, 2022. As of December 31, 2022, there were 1,000,000 shares available for issuance under the 2021 Inducement Plan, of which 497,000 shares were available for future grants. On January 1, 2022 and on July 5, 2022, the number of the Company’s common shares reserved for issuance under the 2019 Plan increased by 1,195,902 and 1,000,000 common shares, respectively. In addition, 125,323 options have been forfeited under the 2011 Plan after adoption of the 2019 Plan and became available for issuance under the 2019 Plan. As of December 31, 2022, there were 6,811,506 shares available for issuance under the 2019 Plan, of which 1,433,105 shares were available for future grants. On July 15, 2022, the Company offered an Employee Share Purchase Plan, or ESPP, in which participation is available to substantially all of our employees in the United States and Canada who meet certain service eligibility requirements. As of December 31, 2022, the Company has 1,121,076 common shares available under the ESPP with no common shares issued under this plan. The total outstanding and exercisable options from the 2011 Plan, 2019 Plan and Inducement Plan as of December 31 were as follows: 2022 Weighted Number average of shares exercise 2019 Plan Inducement Plan 2011 Plan Total price Outstanding at beginning of year - 2011 Plan $ — — $ 1,995,971 1,995,971 $ 2.07 Outstanding at beginning of year - 2019 Plan 3,749,834 — — 3,749,834 9.52 Granted - 2019 Plan 1,790,700 — — 1,790,700 5.76 Granted - Inducement Plan — 523,000 — 523,000 6.37 Exercised - 2019 Plan (45,089) — — (45,089) 3.83 Exercised - 2011 Plan — — (172,595) (172,595) 1.43 Forfeited - Inducement Plan — (20,000) — (20,000) 5.48 Forfeited - 2019 Plan (181,133) — — (181,133) 8.00 Forfeited - 2011 Plan — — (19,583) (19,583) 9.35 Expired - 2011 Plan — — (1,121) (1,121) 0.96 Outstanding at end of period $ 5,314,312 503,000 1,802,672 7,619,984 $ 6.73 Outstanding at end of period - Weighted average exercise price $ 8.35 6.41 $ 2.05 Exercisable at end of period 2,390,549 — 1,800,546 4,191,095 $ 6.52 Exercisable at end of period - Weighted average exercise price $ 9.90 — $ 2.04 2021 Weighted Number average of shares exercise 2019 Plan Inducement Plan 2011 Plan Total price Outstanding at beginning of year - 2011 Plan $ — — $ 2,080,087 2,080,087 $ 2.15 Outstanding at beginning of year - 2019 Plan 1,706,190 — — 1,706,190 13.55 Granted - 2019 Plan 2,137,250 — — 2,137,250 6.22 Exercised - 2019 Plan (19,000) — — (19,000) 3.74 Exercised - 2011 Plan — — (50,562) (50,562) 0.98 Forfeited - 2019 Plan (74,606) — — (74,606) 8.73 Forfeited - 2011 Plan — — (31,841) (31,841) 9.42 Expired - 2011 Plan — — (1,713) (1,713) 0.95 Outstanding at end of period 3,749,834 — 1,995,971 5,745,805 $ 6.93 Outstanding at end of period - Weighted average exercise price $ 9.52 — $ 2.07 Exercisable at end of period 1,094,316 — 1,795,332 2,889,648 $ 5.60 Exercisable at end of period - Weighted average exercise price $ 11.48 — $ 2.01 The weighted average remaining contractual life was 7.47 and 7.81 years for outstanding options as of December 31, 2022 and 2021, respectively. The weighted average remaining contractual life was 6.37 and 6.80 years for vested options, as of December 31, 2022 and 2021, respectively. There was $15.7 million and $15.3 million total unrecognized compensation cost related to non-vested share options as of December 31, 2022 and 2021, respectively. The share options are expected to be recognized over a remaining weighted average vesting period of 2.36 years and 2.42 years as of December 31, 2022 and 2021, respectively. The non-vested options as of December 31 were as follows: 2022 Number Weighted of options average 2019 Plan Inducement Plan 2011 Plan Total fair value Non-vested share options at beginning of year - 2011 Plan — — 200,639 200,639 $ 1.86 Non-vested share options at beginning of year - 2019 Plan 2,655,518 — — 2,655,518 6.40 Granted - 2019 Plan 1,790,700 — — 1,790,700 4.37 Granted - Inducement Plan — 523,000 — 523,000 4.81 Vested, outstanding 2011 Plan — — (198,317) (198,317) 1.81 Vested, outstanding 2019 Plan (1,376,791) — — (1,376,791) 6.19 Forfeited - 2011 Plan — — (196) (196) 1.91 Expired - 2019 — — — — 5.03 Forfeited - Inducement Plan (20,000) (20,000) 4.18 Forfeited - 2019 Plan (145,664) — — (145,664) 5.49 Non-vested share options at end of period 2,923,763 503,000 2,126 3,428,889 $ 5.24 Non-vested share options at end of period - Weighted average fair value $ 5.31 $ 5.31 $ 6.64 2021 Number Weighted of options average 2019 Plan Inducement Plan 2011 Plan Total fair value Non-vested share options at beginning of year - 2011 Plan — — 543,192 543,192 $ 1.81 Non-vested share options at beginning of year - 2019 Plan 1,438,026 — — 1,438,026 10.28 Granted - 2019 Plan 2,137,250 — — 2,137,250 4.70 Vested, outstanding 2011 Plan — — (333,741) (333,741) 1.65 Forfeited - 2011 Plan — — (8,812) (8,812) 6.66 Forfeited - 2019 Plan (63,303) — — (63,303) 6.28 Vested, outstanding 2019 Plan (856,455) — — (856,455) 8.69 Non-vested share options at end of period 2,655,518 — 200,639 2,856,157 $ 6.08 Non-vested share options at end of period - Weighted average fair value $ 6.40 $ — $ 1.86 Options granted are valued using the Black-Scholes option pricing model. Amortization of the fair value of the options over vesting years has been expensed and credited to additional paid-in capital in shareholders’ equity. The following table summarizes information with respect to share options outstanding as of December 31, 2022: Options outstanding Options exercisable Weighted Weighted average Weighted average Weighted remaining average remaining average Number contractual exercise Number contractual exercise Exercise price of options life (years) price of options life (years) price $0.84-$1.73 1,043,673 4.15 $ 1.42 1,043,673 4.15 $ 1.42 $1.74-$3.20 723,094 5.81 $ 2.59 723,094 5.81 $ 2.59 $3.21-$5.25 644,250 7.47 $ 3.79 612,250 7.35 $ 3.74 $5.26-$6.36 3,554,925 8.62 $ 5.89 1,042,718 8.09 $ 6.11 $6.37-$8.50 689,300 9.16 $ 6.86 43,334 7.75 $ 7.10 $8.51-$15.50 57,905 7.50 $ 9.08 33,779 6.15 $ 9.42 $15.51-$20.50 76,620 6.50 $ 17.27 69,574 6.46 $ 17.32 $20.51-$22.45 830,217 6.84 $ 21.65 622,673 6.79 $ 21.67 Total 7,619,984 7.47 $ 6.73 4,191,095 6.37 $ 6.52 The intrinsic value of all outstanding options as of December 31, 2022 was $3.8 million, based on the fair value of our common shares of $3.96 per share at December 31, 2022. The fair value of share-based payment transaction is measured using Black-Scholes valuation model. This model also requires assumptions, including expected option life, volatility, risk-free interest rate and dividend yield, which greatly affect the calculated values: 2022 2021 Exercise price $ 5.90 $ 6.22 Share price $ 5.90 $ 6.22 Volatility 92 % 93 % Risk-free interest rate 2.43 % 1.05 % Expected life 6.03 years 6.01 years Dividend 0 % 0 % Expected volatility is determined using comparable companies for which the information is publicly available. The risk-free interest rate is determined based on the U.S. sovereign rates benchmark in effect at the time of grant with a remaining term equal to the expected life of the option. Expected option life is determined based on the simplified method as the Company does not have sufficient historical exercise data to provide a reasonable basis upon which to estimate expected term. The simplified method is an average of the contractual term of the options and its ordinary vesting period. Dividend yield is based on the share option’s exercise price and expected annual dividend rate at the time of grant. The Company recognized share-based compensation expense as follows for the year ended December 31: 2022 2021 Administration $ 4,229 $ 3,011 Research and development 3,483 3,046 Commercial activities 1,336 1,222 Total $ 9,048 $ 7,279 |