Stock Options | Note 5 - Stock Options The Company has three equity compensation plans: the 2010 Equity Incentive Plan, the 2012 Equity Incentive Plan and the 2014 Equity Incentive Plan (the “Plans”). Originally, the Company was able to grant up to 548,206 and 1,096,411 shares of Common Stock as both qualified and nonqualified stock options under the 2010 Equity Incentive Plan and the 2012 Equity Incentive Plan, respectively. Nonqualified stock options (“NQs”) may be granted to service providers. Incentive stock options (“ISOs”) may be granted only to employees. In 2013, the Company’s stockholders approved an increase to 1,279,146 shares authorized for issuance under the 2010 Equity Incentive Plan. In 2014, the Board of Directors of the Company (the “Board”) approved an increase to 1,350,412 shares authorized for issuance under the 2010 Equity Incentive Plan. In 2014, the Company’s stockholders approved the 2014 Equity Incentive Plan pursuant to which the Company may grant up to 1,827,351 shares as both qualified and nonqualified options (the “Plan Limit”). However, on January 1, 2015 and each January 1 thereafter prior to the termination of the 2014 Equity Incentive Plan, pursuant to the terms of the 2014 Equity Incentive Plan, the Plan Limit was and shall be increased by the lesser of (x) 4% of the number of shares of Common Stock outstanding as of the immediately preceding December 31 st Pursuant to the terms of the Plans, ISOs have a term of ten years from the date of grant or such shorter term as may be provided in the option agreement. Unless specified otherwise in an individual option agreement, ISOs generally vest over a four year term and NQs generally vest over a three or four year term. In the case of an ISO granted to an option holder who, at the time the ISO is granted, owns, directly or indirectly, stock representing more than ten percent (10%) of the total combined voting power of all classes of stock of the Company, the term of the ISO is five years from the date of grant or such shorter term as may be provided in the option agreement. Unless terminated by the Board, the Plans shall continue to remain effective for a term of ten years or until such time as no further awards may be granted and all awards granted under the Plans are no longer outstanding. On November 16, 2015, the Company issued non-qualified options to purchase a total of 80,000 shares of common stock to W. Bradford Middlekauff, its newly appointed Senior Vice President, General Counsel and Secretary. The award was granted outside of the Company’s 2014 Equity Incentive Plan and vests over four years with 25% vesting on October 30, 2016, which is one year following Mr. Middlekauff’s date of hire and the remaining 75% vesting in 36 equal monthly installments thereafter, subject to Mr. Middlekauff’s continued service to the Company through each vesting date and subject to acceleration or forfeiture upon the occurrence of certain events as set forth in Mr. Middlekauff’s option agreement and employment agreement. The award was made pursuant to the NASDAQ exception as a material component of Mr. Middlekauff’s employment compensation. The Company’s stock-based compensation expense was recognized in operating expense as follows: Three Months Ended June 30, Six Months Ended June 30, 2016 2015 2016 2015 (unaudited) (unaudited) Stock-Based Compensation Research and development $ 544,702 $ 265,029 $ 1,042,232 $ 428,541 General and administrative 836,292 318,486 1,754,064 526,143 Total $ 1,380,994 $ 583,515 $ 2,796,296 $ 954,684 The fair value of options and warrants granted during the three and six months ended June 30, 2016 and 2015 was estimated using the Black-Scholes option valuation model utilizing the following assumptions: Three Months Ended June 30, Six Months Ended June 30, 2016 2015 2016 2015 Weighted Weighted Weighted Weighted (unaudited) (unaudited) Volatility 71.80 % 79.80 % 78.50 % 79.80 % Risk-Free Interest Rate 1.29 % 1.58 % 1.39 % 1.79 % Expected Term in Years 5.68 6.08 6.01 6.07 Dividend Rate 0.00 % 0.00 % 0.00 % 0.00 % Fair Value of Option on Grant Date $ 5.81 $ 4.39 $ 5.11 $ 4.28 The following table summarizes the number of options outstanding and the weighted average exercise price: Number of Shares Weighted Average Exercise Price Weighted Average Remaining Contractual Life in Years Aggregate Intrinsic Value Options outstanding at December 31, 2015 4,302,267 $ 5.19 Granted 976,400 7.56 Exercised (7,375 ) 3.55 Forfeited (133,517 ) 5.79 Expirations - - Options outstanding at June 30, 2016 5,137,775 $ 5.62 8.00 $ 23,960,058 Vested and expected to vest at June 30, 2016 5,035,892 $ 5.58 7.98 $ 23,679,976 Exercisable at June 30, 2016 2,617,577 $ 3.97 7.10 $ 16,226,531 At June 30, 2016 there was approximately $10,950,318 of unamortized stock compensation expense, which is expected to be recognized over a remaining average vesting period of 1.46 years. |