Share Based Compensation | 8 Share Based Compensation Stock Options Under the Company’s 2019 Equity Incentive Plan, or the 2019 Plan, and the Company’s Stock Option Plan, or 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 January 1, 2024, the number of the Company’s common shares reserved for issuance under the 2019 Plan automatically increased by 1,339,324 common shares. In addition, 125,323 options have been forfeited under the 2011 Plan since the adoption of the 2019 Plan and have become available for issuance under the 2019 Plan. Further, since the adoption of the plan, 561,000 of previously issued options were cancelled and were made available for future grants. As of March 31, 2024, there were 9,522,270 common shares available for issuance under the 2019 Plan, of which 3,399,059 common shares were available for future grants. On November 10, 2021, the Company established a 2021 Inducement Plan, or the Inducement Plan, 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. As of March 31, 2024, there were 1,000,000 shares available for issuance under the 2021 Inducement Plan, of which 473,250 shares were available for future grants. The total outstanding and exercisable options from the 2011 Plan, 2019 Plan and Inducement Plan as of March 31 were as follows: 2024 Weighted Number average of shares exercise 2019 Plan Inducement Plan 2011 Plan Total price Outstanding at beginning of year - 2011 Plan — — 1,694,233 1,694,233 $ 2.09 Outstanding at beginning of year - 2019 Plan 6,406,897 — — 6,406,897 5.82 Outstanding at beginning of year - Inducement Plan — 625,000 — 625,000 5.74 Granted - 2019 Plan 45,000 — — 45,000 1.45 Forfeited - Inducement Plan — (98,250) — (98,250) 4.33 Forfeited - 2019 Plan (386,053) — — (386,053) 4.42 Expired - 2019 Plan (13,722) — — (13,722) 6.36 Outstanding at end of period 6,052,122 526,750 1,694,233 8,273,105 $ 5.11 Outstanding at end of period - Weighted average exercise price $ 5.88 $ 6.00 $ 2.09 Exercisable at end of period 3,819,413 250,271 1,694,233 5,763,917 $ 5.24 Exercisable at end of period - Weighted average exercise price $ 6.56 $ 6.42 $ 2.09 2023 Weighted Number average of shares exercise 2019 Plan Inducement Plan 2011 Plan Total price Outstanding at beginning of year - 2011 Plan — — 1,802,672 1,802,672 $ 2.05 Outstanding at beginning of year - 2019 Plan 5,314,312 — — 5,314,312 8.35 Outstanding at beginning of year - Inducement Plan — 503,000 — 503,000 6.41 Granted - 2019 Plan 1,487,400 — — 1,487,400 3.59 Granted - Inducement Plan — — — — — Exercised - 2019 Plan (7,000) — — (7,000) 3.74 Exercised - 2011 Plan — — (60,224) (60,224) 1.63 Forfeited - Inducement Plan — — — — — Forfeited - 2019 Plan (5,323) — — (5,323) 7.45 Forfeited - 2011 Plan — — — — — Expired - 2019 Plan (24,617) — — (24,617) 17.80 Expired - 2011 Plan — — — — — Outstanding at end of period 6,764,772 503,000 1,742,448 9,010,220 $ 6.22 Outstanding at end of period - Weighted average exercise price $ 7.28 $ 6.41 $ 2.07 Exercisable at end of period 2,896,996 89,375 1,742,448 4,728,819 $ 6.62 Exercisable at end of period - Weighted average exercise price $ 9.36 6.47 $ 2.07 The weighted average remaining contractual life was 6.7 and 7.7 years for outstanding options as of March 31, 2024 and 2023, respectively. The weighted average remaining contractual life was 5.9 and 6.6 years for vested options, as of March 31, 2024 and 2023, respectively. There was $8.6 million and $17.7 million of total unrecognized compensation cost related to non-vested share options as of March 31, 2024 and 2023, respectively. The share options are expected to be recognized over a remaining weighted average vesting period of 2.3 years and 2.6 years as of March 31, 2024 and 2023, respectively. Options granted are valued using the Black-Scholes option pricing model. This model also requires assumptions, including expected option life, volatility, risk-free interest rate and dividend yield, which greatly affect the calculated values. 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 non-vested options as of March 31 were as follows: 2024 Number Weighted of options average 2019 Plan Inducement Plan 2011 Plan Total fair value Non-vested share options at beginning of year - 2019 Plan 3,178,475 — — 3,178,475 3.64 Non-vested share options at beginning of year - Inducement Plan — 403,167 — 403,167 4.07 Granted - 2019 Plan 45,000 — — 45,000 1.12 Vested, outstanding 2019 Plan (604,713) — — (604,713) 3.54 Vested, outstanding Inducement Plan — (28,438) — (28,438) 4.85 Forfeited - Inducement Plan — (98,250) — (98,250) 3.31 Forfeited - 2019 Plan (386,053) — — (386,053) 3.47 Non-vested share options at end of period 2,232,709 276,479 — 2,509,188 $ 3.71 Non-vested share options at end of period - Weighted average fair value $ 3.64 $ 4.26 $ — 2023 Number Weighted of options average 2019 Plan Inducement Plan 2011 Plan Total fair value Non-vested share options at beginning of year - 2011 Plan — — 2,126 2,126 $ 6.64 Non-vested share options at beginning of year - 2019 Plan 2,923,763 — — 2,923,763 5.30 Non-vested share options at beginning of year - Inducement Plan — 503,000 — 503,000 4.84 Granted - 2019 Plan 1,487,400 — — 1,487,400 2.86 Vested, outstanding 2011 Plan — — (2,126) (2,126) 6.64 Vested, outstanding 2019 Plan (538,064) — — (538,064) 5.37 Vested, outstanding Inducement Plan — (89,375) — (89,375) 4.88 Forfeited - 2019 Plan (5,323) — — (5,323) 5.69 Non-vested share options at end of period 3,867,776 413,625 — 4,281,401 $ 4.40 Non-vested share options at end of period - Weighted average fair value $ 4.35 $ 4.83 $ — The fair value of options granted for the 2011 Plan, 2019 Plan and Inducement Plan were estimated using the Black-Scholes option pricing model, resulting in the following weighted average assumptions for the options granted: Three months ended March 31, 2024 2023 Exercise price $ 1.45 $ 3.59 Share price $ 1.45 $ 3.59 Volatility 91 % 97 % Risk-free interest rate 4.26 % 3.95 % Expected life 6.08 years 6.08 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. Employee Stock Purchase Plan On July 15, 2022, the Company offered an ESPP, in which participation is available to our employees in the United States and Canada who meet certain service eligibility requirements. Eligible employees may authorize an amount up to 15% of their salary to purchase common stock at the lower of a 15% discount to the beginning price of the participation period or a 15% discount to the ending price of each six-month purchase interval. The ESPP also provides for an automatic reset feature to start participants on a new twelve-month participation period in the event that the common stock market value on a purchase date is less than the common stock value on the first day of the twelve-month offering period. On January 1, 2024, the number of common shares reserved for issuance under the ESPP automatically increased by 334,831 shares. As of March 31, 2024, the Company has 1,797,766 common shares available for issuance under the ESPP, of which 237,393 shares of common stock have been issued. Compensation expense for purchase rights under the ESPP related to the purchase discount and the “look-back” option were determined using a Black-Scholes option pricing model. The Company recognized total share-based compensation expense for all plans as follows: Three months ended March 31, 2024 2023 Administration $ 910 $ 1,201 Research and development 471 786 Commercial activities 131 306 Total $ 1,512 $ 2,293 |