4. STOCK OPTIONS AND WARRANTS | 6 Months Ended |
Jun. 30, 2014 |
Disclosure of Compensation Related Costs, Share-based Payments [Abstract] | ' |
4. STOCK OPTIONS AND WARRANTS | ' |
Stock Options |
|
As of October 14, 2011, the Company’s Board of Directors, based upon the approval and recommendation of the Compensation Committee, approved by unanimous written consent the Company’s 2011 Equity Incentive Plan (the “2011 Plan”) and form of option agreements for grants under the 2011 Plan. Employees, directors, consultants and advisors of the Company are eligible to participate in the 2011 Plan. The 2011 Plan will be administered by the Board of Directors or the Company’s Compensation Committee and has 1,700,000 shares of common stock reserved for issuance in the form of non-qualified options, restricted stock and the grant appreciation rights. No person eligible to participate in the 2011 Plan shall be granted options or other awards during a twelve month period that exceeds 300,000 shares. No options, restricted stock or stock appreciation rights may be granted after ten years of the adoption of the 2011 Plan by the Board of Directors, nor may any option have a term of more than ten years from the date of grant. The exercise price of non qualified options and the base value of a stock appreciation right shall not be less than the fair market value of the common stock on the date of grant. The Company’s stockholders did not approve the 2011 Plan within the required one-year period. Accordingly, the Company cannot grant incentive stock options under the 2011 Plan. |
|
A summary of the status of stock options at June 30, 2014, and the changes during the six months then ended, is presented in the following table: |
| | | | | | | | | | |
| | | Weighted | | Weighted | | | | |
Average | | |
| Shares | | Average | | Remaining | | Aggregate | | |
| Under | | Exercise | | Contractual | | Intrinsic | | |
| Option | | Price | | Life | | Value | | |
| | | | | | | | | | | | | |
Outstanding at December 31, 2013 | | 278,750 | | $ | 23.1 | | | 9.1 years | | $ | 1,176,063 | | |
Granted | | 615,000 | | | 6.79 | | | 6.8 years | | | | | |
Exercised | | - | | | | | | | | | | | |
Expired/Forfeited/Cancelled | | (25,000 | ) | | 125 | | | 7.3 years | | | | | |
Outstanding at June 30, 2014 | | 868,750 | | $ | 8.64 | | | 7.4 years | | $ | 425,013 | | |
Exercisable at June 30, 2014 | | 183,750 | | $ | 15.89 | | | 7.0 years | | $ | 89,895 | | |
| | | | | | | | | | | | | |
|
On January 6, 2014, the Company granted an option to purchase 100,000 shares of common stock to James G. Bender, Vice President-Manufacturing, in accordance with the terms of Dr. Bender’s employment agreement. The stock options have an exercise price of $9.60 and will vest in three installments as follows: Options for the purchase of 33,333 shares vest on January 6, 2015; and the remaining shares vest quarterly over the next two years after January 6, 2015. |
|
On February 2014, the Company entered into consulting agreements with three consultants that provided for the grant of options to purchase an aggregate of 60,000 shares of its common stock with exercise prices ranging from $4.94 to $5.52 per share. These options vested immediately. Also, on February 2014, the Company entered into another consulting agreement with a consultant that provided for the grant of options to purchase 200,000 shares of its common stock at an exercise price of $5.60 per share. The options were to vest as follows: a) 66,000 shares vested on the one year anniversary and b) 184,000 shares vest in equal quarterly installments over the remaining two-year of the agreement. |
|
On May 15, 2014, the Company granted an option to purchase 75,000 shares of common stock to Michael Handelman, Chief Financial Officer, in accordance with the terms of Mr. Handelman’s new employment agreement. The stock options have an exercise price of $7.95 and will vest in three installments as follows: Options for the purchase of 25,000 shares vest on May 15, 2015; and the remaining shares vest annually over the next two years after May 15, 2015. |
|
On June 13, 2014, the Company granted an option to purchase 180,000 shares of common stock to Laszlo Radvanyi, PhD, its newly appointed Chief Scientific Officer. The stock options have an exercise price of $6.51 and will vest in three installments as follows: Options for the purchase of 60,000 shares vest on June 13, 2015; and the remaining shares vest annually over the next two years after June 13, 2015. |
|
The aggregate fair value of the options granted in the six months ended June 30, 2014 was $2,767,000. No options were granted in the six months ended June, 2013. The fair value of each option award is estimated on the date of grant using the Black-Scholes option pricing model that uses the assumptions noted in the following table. For purposes of determining the expected life of the option, an average of the estimated holding period is used. The risk-free rate for periods within the contractual life of the options is based on the U. S. Treasury yield in effect at the time of the grant. |
|
Expected volatility | 228% | | | | | | | | | | | | |
Expected dividends | 0 | | | | | | | | | | | | |
Expected average term (in years) | 6.5 | | | | | | | | | | | | |
Risk free rate - average | 1.88% | | | | | | | | | | | | |
Forfeiture rate | 0 | | | | | | | | | | | | |
|
During the three and six months ended June 30, 2014, the Company recorded compensation costs of $902,000 and $1,340,601, respectively, relating to the vesting of the stock options. During the three and six months ended June 30, 2013, the Company recorded compensation costs of $133,000 and $220,418, respectively, relating to the vesting of the stock options. As of June 30, 2014, the aggregate value of unvested options was $4,178,000, which will continue to be amortized as compensation cost as the options vest over terms ranging from three months to three years, as applicable. |
|
Warrants |
|
A summary of the status of stock warrants at June 30, 2014, and the changes during the six months then ended, is presented in the following table: |
|
|
| | | | | | | Weighted | | | |
| | | | | Weighted | | Average | | | |
| | Shares | | | Average | | Remaining | | Aggregate | |
| | Under | | | Exercise | | Contractual | | Intrinsic | |
| | Warrants | | | Price | | Life | | Value | |
| | | | | | | | | | |
Outstanding at December 31, 2013 | | | 12,373,156 | | | $ | 2.51 | | 4.11 years | | $ | 31,056,390 | |
Issued | | | - | | | | | | | | | | |
Exercised | | | -945,392 | | | | 2.5 | | | | | | |
Expired | | | - | | | | | | | | | | |
Outstanding and exercisable at June 30, 2014 | | | 11,427,764 | | | $ | 2.51 | | 4.35 years | | $ | 28,692,910 | |
|
The warrants outstanding at the beginning of the year were granted in the November 2013 Private Placement and have an exercise price of $2.50 per share. In the six months ended June 30, 3014, the Company received $2,363,480 in cash from the exercise of warrants for the purchase of 945,392 shares of its common stock. |