STOCK OPTIONS AND WARRANTS | NOTE 12 – STOCK OPTIONS AND WARRANTS During 2008, the Board of Directors (“Board”) of the Company adopted the 2008 Equity Incentive Plan (“2008 Plan”) that was approved by the stockholders. Under the 2008 Plan, the Company was authorized to grant options to purchase up to 25,000,000 shares of common stock to any officer, other employee or director of, or any consultant or other independent contractor who provides services to the Company. The 2008 Plan was intended to permit stock options granted to employees under the 2008 Plan to qualify as incentive stock options under Section 422 of the Internal Revenue Code of 1986, as amended (“Incentive Stock Options”). All options granted under the 2008 Plan, which are not intended to qualify as Incentive Stock Options are deemed to be non-qualified options (“Non-Statutory Stock Options”). As of March 31, 2018, options to purchase 7,273,333 shares of common stock have been issued and are unexercised, and 7,876,667 shares are available for grants under the 2008 Plan. The 2008 Plan expiration date was extended for one year to March 3, 2019 by the Board of Directors. During 2013, the Board adopted the 2013 Equity Incentive Plan (“2013 Plan”), which was approved by stockholders at the 2013 annual meeting of stockholders. Under the 2013 Plan, the Company is authorized to grant awards of stock options, restricted stock, restricted stock units and other stock-based awards of up to an aggregate of 5,000,000 shares of common stock to any officer, employee, director or consultant. The 2013 Plan is intended to permit stock options granted to employees under the 2013 Plan to qualify as Incentive Stock Options. All options granted under the 2013 Plan, which are not intended to qualify as Incentive Stock Options are deemed to be Non-Statutory Stock Options. As of March 31, 2018, under the 2013 Plan grants of restricted stock and options to purchase 1,921,666 shares of common stock have been issued and are unvested or unexercised, and 1,928,334 shares of common stock remain available for grants under the 2013 Plan. The 2008 Plan and 2013 Plan are administered by the Board or its compensation committee, which determines the persons to whom awards will be granted, the number of awards to be granted, and the specific terms of each grant, including the vesting thereof, subject to the terms of the applicable Plan. In connection with Incentive Stock Options, the exercise price of each option may not be less than 100% of the fair market value of the common stock on the date of the grant (or 110% of the fair market value in the case of a grantee holding more than 10% of the outstanding stock of the Company). Prior to January 1, 2014, volatility in all instances presented is the Company’s estimate of volatility that is based on the volatility of other public companies that are in closely related industries to the Company. Beginning January 1, 2014, volatility in all instances presented is the Company’s estimate of volatility that is based on the historical volatility of the Company’s stock. The following table summarizes the activities for the Company’s stock options for the three months ended March 31, 2018: Options Outstanding Weighted - Average Remaining Aggregate Weighted- Contractual Intrinsic Number of Average Term Value Shares Exercise Price in years) (in 000's) (1) Balance December 31, 2017 9,150,000 $ 0.83 3.6 $ 66 Expired (155,000 ) $ 1.19 - - Balance March 31, 2018 8,995,000 0.82 3.4 57 Exercisable at March 31, 2018 3,244,996 $ 0.75 1.8 $ 56 Exercisable at March 31, 2018 and expected to vest thereafter 8,995,000 $ 0.82 3.4 $ 57 (1) The aggregate intrinsic value is calculated as the difference between the exercise price of the underlying options and the closing stock price of $0.23 for the Company’s common stock on March 31, 2018. For the three months ended March 31, 2018 and 2017, the Company expensed $133,756 and $88,442 with respect to options. In accordance with FASB ASC 505-50, Equity – Equity-Based Payments to Non-Employees As of March 31, 2018, there was $549,734 of unrecognized compensation cost related to outstanding stock options. This amount is expected to be recognized over a weighted-average period of 1.2 years. To the extent the actual forfeiture rate is different from what we have estimated, stock-based compensation related to these awards will be different from the Company’s expectations. The difference between the stock options exercisable at March 31, 2018 and the stock options exercisable and expected to vest relates to management’s estimate of options expected to vest in the future. The following table summarizes the activities for the Company’s unvested stock options for the three months ended March 31, 2018: Unvested Options Weighted - Average Grant Number of Date Fair Shares Value Balance December 31, 2017 5,811,670 $ 0.13 Vested (61,666 ) 0.37 Balance March 31, 2018 5,750,004 0.13 The following table summarizes the activities for the Company’s warrants for the three months ended March 31, 2018: Remaining Aggregate Weighted- Contractual Intrinsic Number of Average Term Value Shares Exercise Price (in years) (in 000's) (1) Balance December 31, 2017 1,191,700 $ 0.90 1.9 $ - Granted 1,017,020 0.90 1.9 - Expired (96,700 ) 0.90 - - Balance March 31, 2018 2,112,020 $ 0.90 1.8 $ - Exercisable at March 31, 2018 2,112,020 $ 0.90 1.9 $ - Exercisable at March 31, 2018 and expected to vest thereafter 2,112,020 $ 0.90 1.9 $ - (1) The aggregate intrinsic value is calculated as the difference between the exercise price of the underlying warrants and the closing stock price of $0.23 for the Company’s common stock on March 31, 2018. All warrants were vested on the date of grant. |