STOCKHOLDERS’ EQUITY | Note 7 — Stockholders’ Equity Authorized Capital The Company has authorized the issuance and sale of up to 17 million shares of stock, consisting of 12 million shares of common stock having a par value of $0.001 and 5 million shares of Preferred Stock having a par value of $0.001 per share. As of March 31, 2023 and December 31, 2022, there were no shares of Preferred Stock outstanding and there were no At-the-Market Offering During the year ended December 31, 2020, the Company entered into an At -the-Market Stock Options The Company has an incentive stock plan, the Amended and Restated 2011 Equity Incentive Plan (the “2011 Plan”), and has granted stock options to employees, non -employee -statutory During the three months ended March 31, 2023, stock options to purchase 64.9 thousand shares of common stock were cancelled and returned to the option pool for future issuance. The Company recorded stock -based For the Three Months Ended March 31, 2023 2022 Research and development $ 11,772 $ 28,808 General and administrative 325,829 427,615 Total $ 337,601 $ 456,423 The following table represents stock option activity for the three months ended March 31, 2023: Weighted Average Aggregate Intrinsic Stock Options Exercise Price Fair Value Contractual Outstanding Exercisable Outstanding Exercisable Balance – December 31, 2022 317,857 194,853 $ 44.53 $ 38.53 $ 38.53 6.99 $ — Granted — — — — — — — Exercised — — — — — — — Cancelled (64,863 ) — — — — — — Balance – March 31, 2023 252,994 195,192 $ 46.03 $ 40.21 $ 40.21 6.63 $ — The following table summarizes information on stock options outstanding and exercisable as of March 31, 2023: Grant Price Weighted Average Total Number Weighted Average From To $ 6.00 $ 60.60 $ 35.90 220,259 146,796 6.58 years $ 63.00 $ 138.00 $ 83.16 21,301 36,962 4.07 years $ 159.00 $ 181.20 $ 172.14 11,434 11,434 4.84 years Totals 252,994 195,192 Warrants The following table represents warrant activity for the three months ended March 31, 2023: Weighted Average Aggregate Warrants Exercise Price Fair Value Contractual Outstanding Exercisable Outstanding Exercisable Balance – December 31, 2022 1,178,169 1,178,169 $ 30.67 $ 30.67 $ 17.83 3.41 $ — Granted — — — — — — — Exercised — — — — — — — Cancelled (854 ) — — — — — — Balance – March 31, 2023 1,177,315 1,177,315 $ 30.66 $ 30.66 $ 17.79 3.16 $ — During the three months ended March 31, 2023, warrants to purchase 0.9 thousand shares of common stock expired and were cancelled. Employee Stock Purchase Plan The Company has an Employee Stock Purchase Plan (“ESPP”) in which it purchases shares with the amounts accumulated during the offering period from employee directed payroll deferrals. Purchases of the Company’s common stock are equal to 85% of the closing market price of its common stock on the first day or last day of the offering period, whichever is lower. As of March 31, 2023, there were 10.5 thousand shares remaining available for issuance under the ESPP plan. | Note 10 — Stockholders’ Equity Authorized Capital The Company has authorized the issuance and sale of up to 17 million shares of stock, consisting of 12 million shares of common stock having a par value of $0.001 and 5 million shares of Preferred Stock having a par value of $0.001 per share. As of December 31, 2022 and 2021, there were no shares of Preferred Stock outstanding and there were no At-the-Market Offering During the year ended December 31, 2020, the Company entered into an At -the-Market -in Underwritten Public Offerings During the year ended December 31, 2021, the Company completed an underwritten public offering of its securities (the “Public Offering”) pursuant to which it sold 0.7 million shares of its common stock and warrants to purchase up to 0.7 million shares of common stock for proceeds of $13.8 million, net of commissions and professional fees of approximately $1.2 million. The warrants issued in the Public Offering were immediately exercisable and have a term of five Stock Options The Company has an incentive stock plan, the Amended and Restated 2011 Equity Incentive Plan (the “2011 Plan”), and has granted stock options to employees, non -employee -statutory During the year ended December 31, 2022, stock options to purchase 19.4 thousand shares of common stock were granted at a weighted average exercise price of $10.42 per share. The stock options have a term of ten four During the year ended December 31, 2022, stock options to purchase 67.9 thousand shares of common stock were cancelled and returned to the option pool for future issuance. During the year ended December 31, 2021, the Company granted stock options to employees to purchase 0.2 million shares of the Company’s common stock, including certain time and performance -based In connection with the appointment of Joseph Sarret as the Company’s Chief Executive Officer, the Company entered into an Inducement Stock Option Agreement with Dr. Sarret on May 3, 2021. Pursuant to such agreement, the Company granted Dr. Sarret (1) a time -based -based inducement nonqualified stock option to purchase approximately 0.1 million shares of common stock. The options have an exercise price of $40.50 and the time -based -year -based -based -based -based During the year ended December 31, 2021, stock options to purchase 42.1 thousand shares of common stock were exercised for cash proceeds of $1.2 million. During the year ended December 31, 2021, stock options to purchase 51.0 thousand shares of common stock were cancelled and returned to the option pool for future issuance. The Company recorded stock -based For the Years Ended 2022 2021 Research and development $ 81,706 $ 223,476 General and administrative 1,582,205 2,320,236 Total $ 1,663,911 $ 2,543,712 The following table represents stock option activity for the years ended December 31, 2022 and 2021: Weighted Average Aggregate Stock Options Exercise Price Fair Value Contractual Outstanding Exercisable Outstanding Exercisable Balance – January 1, 2021 248,997 179,682 $ 61.80 $ 50.40 $ 50.40 6.27 $ — Granted 210,467 42,181 39.72 40.73 17.95 6.27 — Exercised (42,072 ) — — — — — — Cancelled (50,981 ) — — — — — — Balance – December 31, 2021 366,411 204,230 $ 51.30 $ 47.40 $ 47.40 6.27 $ — Granted 19,367 694 10.42 10.42 4.53 6.27 — Exercised — — — — — — — Cancelled (67,921 ) — — — — — — Balance – December 31, 2022 317,857 194,853 $ 45.38 $ 38.65 $ 38.65 6.27 $ — The following table summarizes information on stock options outstanding and exercisable as of December 31, 2022: Grant Price Weighted Average Exercise Price Total Outstanding Number Exercisable Weighted Average Remaining Contractual Term From To $ 6.00 $ 60.60 $ 34.32 268,357 147,218 7.20 years $ 63.00 $ 138.00 $ 78.22 38,066 36,201 5.01 years $ 159.00 $ 265.80 $ 172.14 11,434 11,434 5.32 years Totals 317,857 194,853 Warrants During the year ended December 31, 2022, warrants to purchase 9.6 thousand shares of common stock expired and were cancelled. During the year ended December 31, 2021, the Company granted warrants to two service providers to purchase a total of 2.0 thousand shares of its common stock with an exercise price of $41.40 per share. 1.7 thousand of these warrants were valued using the Black -Scholes -year During the year ended December 31, 2021, warrants to purchase 48.4 thousand shares of common stock were exercised for cash proceeds of $2.1 million. During the year ended December 31, 2021, warrants to purchase 106.0 thousand shares of common stock expired and were cancelled. The following table represents warrant activity for the years ended December 31, 2022 and 2021: Weighted Average Aggregate Warrants Exercise Price Fair Value Contractual Outstanding Exercisable Outstanding Exercisable Balance – January 1, 2021 645,761 516,532 $ 48.60 $ 48.30 $ 24.30 4.07 $ — Granted 696,444 — — — — — — Exercised (48,368 ) — — — — — — Cancelled (106,035 ) — — — — — — Balance – December 31, 2021 1,187,803 1,187,664 $ 31.20 $ 31.20 $ 15.90 4.38 $ — Granted — — — — — — — Exercised — — — — — — — Cancelled (9,634 ) — — — — — — Balance – December 31, 2022 1,178,169 1,178,169 $ 30.67 $ 30.67 $ 17.83 3.41 $ — Employee Stock Purchase Plan The Company has an Employee Stock Purchase Plan (“ESPP”) in which it purchases shares with the amounts accumulated during the offering period from employee directed payroll deferrals. Purchases of the Company’s common stock are equal to 85% of the closing market price of its common stock on the first day or last day of the offering period, whichever is lower. During the year ended December 31, 2022, 5.6 thousand shares were issued under the ESPP for $25.0 thousand of employee compensation deferrals. As of December 31, 2022, 10.5 thousand shares are available for future issuance under the ESPP. During the year ended December 31, 2021, 589 shares were issued under the ESPP for $16.8 thousand of employee compensation deferrals. |