Stockholders’ Equity | (10) Stockholders’ Equity On June 8, 2022, at the 2022 annual meeting of the stockholders, the Company’s stockholders approved an amendment to the Company’s Amended and Restated Certificate of Incorporation to increase the number of authorized shares of the Company’s common stock, par value $ 0.0001 100,000,000 200,000,000 (a) Issuance of Common Stock On January 28, 2021, the Company completed a public offering of securities registered under an effective registration statement filed pursuant to the Securities Act of 1933, as amended (“January 2021 Offering”). The gross proceeds from the January 2021 Offering were approximately $ 28.7 1.9 16,428,571 On February 27, 2020, the Company completed a registered direct offering of securities registered under an effective registration statement filed pursuant to the Securities Act of 1933, as amended (“February 2020 Offering”). The gross proceeds from the February 2020 Offering were approximately $ 6.0 347,000 10,084,034 0.595 0.53 On November 18, 2019, the Company completed a public offering of securities registered under an effective registration statement filed pursuant to the Securities Act of 1933, as amended (“November 2019 Offering”). The gross proceeds from the November 2019 Offering were approximately $ 6.0 404,000 10,450,000 1,550,000 0.50 0.4999 .0001 0.50 768,000 4.8 On March 6, 2017, the Company entered into the Sales Agreement with Cantor Fitzgerald & Co. (“Cantor”) pursuant to which the Company may issue and sell, from time to time, shares of its common stock having an aggregate offering price of up to the amount the Company registered on an effective registration statement pursuant to which the offering is being made. The Company currently has registered up to $ 50.0 3.0 The shares of the Company’s common stock sold under the Sales Agreement are sold and issued pursuant to the Registration Statement on Form S-3 (File No. 333-250072) (the “Form S-3”), which was previously declared effective by the Securities and Exchange Commission, and the related prospectus and one or more prospectus supplements. The Company is not obligated to make any sales of its common stock under the Sales Agreement. The offering of common stock pursuant to the Sales Agreement will terminate upon the termination of the Sales Agreement as permitted therein. The Company and Cantor may each terminate the Sales Agreement at any time upon ten days’ prior notice. As of June 30, 2022, the Company had sold an aggregate of 15,023,073 2.19 32.9 31.7 zero 1,811,238 1.95 3.4 112,000 41.2 (b) Rights Agreement On November 13, 2015, the Company and American Stock Transfer & Trust Company, LLC, as Rights Agent, entered into a Rights Agreement. Also on November 12, 2015, the board of directors of the Company authorized and the Company declared a dividend of one preferred stock purchase right (each a “Right” and collectively, the “Rights”) for each outstanding share of common stock of the Company. The dividend was payable to stockholders of record as of the close of business on November 30, 2015 and entitles the registered holder to purchase from the Company one one-thousandth of a fully paid non-assessable share of Series A Junior Participating Preferred Stock of the Company at a price of $ 63.96 In general, in the event a person becomes an Acquiring Person, then each Right not owned by such Acquiring Person will entitle its holder to purchase from the Company, at the Right’s then current exercise price, in lieu of shares of Series A Junior Participating Preferred Stock, common stock of the Company with a market value of twice the Purchase Price. In addition, if after any person has become an Acquiring Person, (a) the Company is acquired in a merger or other business combination, or (b) 50% or more of the Company’s assets, or assets accounting for 50% or more of its earning power, are sold, leased, exchanged or otherwise transferred (in one or more transactions), proper provision shall be made so that each holder of a Right (other than the Acquiring Person, its affiliates and associates and certain transferees thereof, whose Rights became void) shall thereafter have the right to purchase from the acquiring corporation, for the Purchase Price, that number of shares of common stock of the acquiring corporation which at the time of such transaction would have a market value of twice the Purchase Price. The Company will be entitled to redeem the Rights at $ 0.001 (c) Share-Based Payments The Company recognizes stock-based compensation expense for grants of stock option awards, restricted stock units and restricted stock under the Company’s Incentive Plan to employees, nonemployees and nonemployee members of the Company’s board of directors based on the grant-date fair value of those awards. The grant-date fair value of an award is generally recognized as compensation expense over the award’s requisite service period. In addition, the Company has granted performance-based stock option awards and restricted stock units, which vest based upon the Company satisfying certain performance conditions. Potential compensation cost, measured on the grant date, related to these performance options will be recognized only if, and when, the Company estimates that these options or units will vest, which is based on whether the Company considers the performance conditions to be probable of attainment. The Company’s estimates of the number of performance-based options or units that will vest will be revised, if necessary, in subsequent periods. The Company uses the Black-Scholes model to compute the estimated fair value of stock option awards. Using this model, fair value is calculated based on assumptions with respect to (i) expected volatility of the Company’s common stock price, (ii) the periods of time over which employees and members of the board of directors are expected to hold their options prior to exercise (expected term), (iii) expected dividend yield on the Common Stock, and (iv) risk-free interest rates. Stock-based compensation expense also includes an estimate, which is made at the time of grant, of the number of awards that are expected to be forfeited. This estimate is revised, if necessary, in subsequent periods if actual forfeitures differ from those estimates. Stock-based compensation cost that has been expensed in the statements of operations amounted to approximately $ 140,000 147,000 311,000 294,000 Schedule of Employee Service Share-based Compensation, Allocation of Recognized Period Costs Three Months Ended Six Months Ended 2022 2021 2022 2021 Research and development $ 63,021 $ 69,483 $ 142,673 $ 136,369 General and administrative 76,548 77,264 167,924 157,944 $ 139,569 $ 146,747 $ 310,597 $ 294,313 The Company issued 171,500 504,000 66,000 376,000 Key assumptions used in the determination of the fair value of stock options granted are as follows: Expected Term Share-Based Payment, Risk-Free Interest Rate Expected Dividend Expected Volatility For options granted during the six months ended June 30, 2022 and 2021, the Company calculated the fair value of each option grant on the respective dates of grant using the following weighted average assumptions: Schedule of Key Assumption of Fair Value of Stock Options Granted 2022 2021 Expected term 5.77 5.70 Risk-free interest rate 1.93 % 0.52 % Expected dividend yield — — Expected volatility 101.67 % 95.52 % FASB ASC 718, Stock Compensation, As of June 30, 2022, there was $ 1.1 2.0 (d) Stock Option Plan In April 2014, the board of directors adopted the 2014 Stock and Incentive Plan (“2014 Plan”) subject to shareholder approval which was received in June 2014. The 2014 Plan provides for the granting of nonqualified and incentive stock options, stock appreciation rights, restricted stock units, restricted stock and dividend equivalents. An aggregate of 1,000,000 271,906 1,271,906 2,471,906 2,471,906 3,221,906 3,221,906 5,721,906 ten 5,721,906 1,265,308 A summary of stock option activity is as follows: Schedule of Stock Option Activity Outstanding stock options Number of shares Weighted average exercise price Balance at December 31, 2021 4,551,205 $ 2.82 Options granted 504,000 1.06 Options exercised (208,474 ) 0.99 Options forfeited (488,747 ) 1.16 Options cancelled (331,102 ) 5.69 Balance at June 30, 2022 4,026,882 2.65 Options exercisable at June 30, 2022 2,629,346 3.47 The following table summarizes information about stock options outstanding and exercisable at June 30, 2022: Schedule of Share-based Compensation of Stock Options Outstanding and Exercisable Options outstanding Options exercisable Number outstanding Weighted average remaining contractual life (Years) Weighted average exercise price Aggregate intrinsic value Number exerciseable Weighted average remaining contractual life (Years) Weighted average exercise price Aggregate intrinsic value 4,026,882 6.26 $ 2.65 $ 152,241 2,629,346 4.72 $ 3.47 $ 123,331 The intrinsic value for stock options is defined as the difference between the current market value and the exercise price. There were 200 208,474 zero 4,584 (e) Common Stock Warrants The Company accounts for its common stock warrants under ASC 480, Distinguishing Liabilities from Equity As of June 30, 2022, the Company had 1,094,030 Schedule of Fair Value of Warrants June 30, 2022 December 31, 2021 Expected life in years 2.38 2.88 Risk-free interest rate 2.99 % 0.97 % Dividend yield — — Volatility 100.00 % 100.00 % Stock price $ 0.80 $ 0.99 During the three and six months ended June 30, 2022, the Company recorded a non-cash gain of $ 583,445 205,457 221,000 26,000 Schedule of Reconciliation of Warrant Liability Warrant Liability Balance at December 31, 2021 $ 795,796 Settlement of liability on warrant exercise - Change in fair value of common stock warrants (205,457 ) Balance at June 30, 2022 $ 590,339 Additionally, in the February 2020 Offering, the Company issued 5,042,017 840,336 The following table summarizes the number of common stock warrants outstanding and the weighted average exercise price: Schedule of Number of Warrants Outstanding and the Weighted Average Exercise Price Warrants Weighted Average Exercise Price Outstanding at December 31, 2021 1,934,366 $ 0.51 Issued - - Exercised - - Expired - - Cancelled - - Forfeited - - Balance at June 30, 2022 1,934,366 $ 0.51 During the three and six months ended June 30, 2022, no zero 10,000 5,000 The following table summarizes information about common stock warrants outstanding at June 30, 2022: Warrants outstanding Number exercisable Weighted average remaining contractual life (Years) Weighted average exercise price Aggregate intrinsic value 1,934,366 2.50 $ 0.51 $ 555,100 |