EQUITY | NOTE 8 — EQUITY Common Stock The Company is authorized to issue 190,000,000 shares of common stock, with a par value of $0.00001. Holders of common stock are entitled to one vote for each share held on all matters submitted to a vote of common stockholders. Subject to preferences that may be applicable to any outstanding preferred shares, each share of common stock is entitled to share pro rata in any distributions. In any distribution of capital assets, holders of common stock are entitled to receive pro rata the assets remaining after payment of liabilities and liquidation preferences on any outstanding preferred stock. As of September 30, 2022 and December 31, 2021, there were 20,904,295 and 20,385,645 shares of common stock issued outstanding Preferred Stock The Company is authorized to issue 10,000,000 shares of preferred stock, with a par value of $0.00001. As of September 30, 2022 and December 31, 2021, there were no shares of preferred stock issued and outstanding. Equity Incentive Plans In February 2010, the Company adopted a stock option plan (the “2010 Plan”). In July 2019, the Company adopted a stock option plan (the “2019 Plan”), which served as the successor to the 2010 Plan. The 2019 Plan provided for granting of stock options to employees, directors and consultants of the Company. The Company ceased making awards under the 2019 Plan upon stockholder approval of the 2021 Plan (defined below). In May 2021, the Company’s stockholders approved the 2021 Equity Incentive Plan (the “2021 Plan”). The 2021 Plan provides for the issuance of stock options, restricted stock units and other awards to employees, directors and consultants of the Company. Shares of common stock underlying outstanding awards under the 2019 Plan and 2021 Plan that expire, are forfeited, are retained by the Company to satisfy any exercise price or any tax withholding, repurchased by the Company at their original purchase price or settled in cash may be added to the number of shares of common stock available for issuance under the 2021 Plan. The number of shares reserved for issuance under the 2021 Plan will automatically increase on the first day of each fiscal year, beginning January 1, 2022, in the amount equal to the lesser of (a) 4.5% of the total number of shares of common stock outstanding as of December 31 of the immediately preceding calendar year, (b) 600,000 shares of common stock, or (c) such lessor number of shares as determined by the Board of Directors. On January 1, 2022, the number of shares reserved for issuance under the 2021 Plan automatically increased by 600,000 shares of common stock. As of September 30, 2022, there were 2,415,853 and 307,000 stock options outstanding under the 2010 Plan and 2019 Plan, respectively. As of September 30, 2022, there were 1,151,333 stock options and 240,587 restricted stock units outstanding under the 2021 Plan. As of September 30, 2022, there were 809,927 shares of common stock available for issuance under the 2021 Plan. Stock Options The Company recognizes stock option compensation expense based on the grant date fair value of the award. The Company issues new common shares for stock options exercised. Stock option activity for the nine months ended September 30, 2022 was as follows: Weighted Average Exercise Shares Price Options outstanding at beginning of the period 3,526,138 $ 3.99 Granted 873,000 $ 3.87 Exercised (290,938) $ 1.25 Canceled or expired (234,014) $ 5.48 Options outstanding at end of the period 3,874,186 $ 4.06 Options exercisable 2,791,561 $ 3.71 Stock-based compensation expense related to stock options was $163,326 and $117,469 for the three months ended September 30, 2022 and 2021, respectively. Stock-based compensation expense related to stock options was $495,915 and $400,299 for the nine months ended September 30, 2022 and 2021, respectively. Included in the stock-based compensation expense numbers above are stock options the Company has granted to key opinion leaders which are marked to market at each reporting period with the change in the accrued balance expensed through research and development operating expenses. Stock-based compensation expense related to the key opinion leaders was expense of $5,175 and income of $6,300 for the three and nine months ended September 30, 2022, respectively. Stock-based compensation expense related to the key opinion leaders was $22,500 and $66,000 for three and nine months ended September 30, 2021, respectively. The weighted average fair value of options granted during the nine months ended September 30, 2022 and 2021 was $1.42 and $4.33 per share, respectively. Restricted Stock Units The Company recognizes restricted stock unit (“RSU”) compensation expense based on the grant date fair value of the award. Each RSU is eligible to vest over time and settle into one newly issued share of Company common stock. RSU activity for the nine months ended September 30, 2022 was as follows: Weighted Average Grant Date Fair Shares Value Unvested at beginning of the period 51,331 $ 8.29 Granted 236,174 $ 3.98 Vested (36,153) $ 7.38 Canceled (10,765) $ 4.20 Unvested at end of the period 240,587 $ 4.28 Stock-based compensation expense related to RSUs was $94,608 and $350,915 for the three and nine months ended September 30, 2022, respectively. Stock-based compensation expense related to RSUs was $50,000 for both the three and nine months ended September 30, 2021. Employee Stock Purchase Plan The Company accounts for employee stock purchases made under its 2021 Employee Stock Purchase Plan (“2021 ESPP”) using the estimated grant date fair value in accordance with Accounting Standards Codification, Topic 718, Stock Compensation There were no shares issued under the 2021 ESPP during the nine months ended September 30, 2022. Stock Warrants Stock warrant activity for the nine months ended September 30, 2022 was as follows: Common warrants Warrants outstanding at beginning of the period 795,379 Granted — Exercised (191,559) Expired (4,629) Warrants outstanding at end of period 599,191 |