Equity Incentive Plans | Note 7 – Equity Incentive Plans: Total compensation cost for share-based payments recognized for the three months ended September 30, 2016 and 2015 was $ 787,675 1,853,491 2006 Stock Plan —In December 2006, the Company approved the 2006 Stock Plan (the “2006 Plan”) under which options to purchase approximately 624,223 shares of the Company’s common stock were granted to employees and affiliates of the Company. These options vest over 5 years. Certain option awards provide for accelerated vesting if there is a change in control (as defined in the 2006 Plan). At September 30, 2016, there were zero shares available for grant as the 2006 Plan is frozen. 2010 Stock Plan —In December 2010, the Company approved the 2010 Stock Plan (the “2010 Plan”) under which options to purchase approximately 2,146,320 shares of the Company’s common stock were granted to employees and affiliates of the Company (in 2012, the 2010 Plan was amended to allow for the granting of approximately 2,220,280 options to purchase shares of the Company’s common stock) . These options are either time-based (vest over 4 years), performance-based (vest when performance targets are met, as defined in the stock option grant agreement), or vest at the occurrence of an exit event which is defined as either as change of control in the Company or an initial public offering (as defined in the stock option grant agreement) . At September 30, 2016, there were zero shares available for grant as the 2010 plan is frozen. 2014 Omnibus Incentive Plan —In November 2014, the Company approved the 2014 Omnibus Incentive Plan (the “2014 Plan”) under which 1,479,200 shares of common stock may be issued or used for reference purposes as awards granted under the 2014 Plan. In September 2016, the 2014 Plan was amended to allow for the granting of an additional 2,500,000 shares of common stock to be issued or used for reference purposes as awards granted, for a total of 3,979,200 shares. These awards may be in the form of stock options, stock appreciation rights, restricted stock, as well as other stock-based and cash-based awards. As of September 30, 2016, the awards granted were either time-based (cliff vest over 3 years), performance-based (vest when performance targets are met, as defined in the stock option grant agreement), or restricted stock units (employee RSUs cliff vest over 3 years and non-employee director RSUs cliff vest over 1 year). At September 30, 2016, there were 2,611,636 shares of common stock available to be issued or used for reference purposes under the 2014 Plan. NASDAQ Marketplace Rules Inducement Award —During the three months ended September 30, 2016, stock-based awards were granted to the Company’s CEO as an inducement under the NASDAQ Marketplace Rules, and therefore outside of any Plan. Under the terms of the agreement, the grant is governed as if issued under the 2014 Omnibus Plan. As of September 30, 2016, the awards granted were time-based (cliff vest over 4 years) and performance-based (vest when performance targets are met, as defined in the stock option grant agreement). During the three months ended September 30, 2016, 500,000 service period stock options and 500,000 performance-based stock options were granted to the Company’s CEO as an inducement under the NASDAQ Marketplace Rules. Service Period Stock Options The following table includes activity related to outstanding service period stock options during the nine months ended September 30, 2016. Service Period Stock Options Number of Options Weighted Average Exercise Price Outstanding at December 31, 2015 1,976,810 $ 8.00 Granted 845,131 9.75 Forfeited, Canceled, Expired (9,595 ) 9.00 Exercised (302,851 ) 6.54 Outstanding at September 30, 2016 2,509,495 $ 8.76 During the three months ended September 30, 2016, 500,000 service period stock options were granted to the Company’s CEO as an inducement under the NASDAQ Marketplace Rules. Performance-Vested Stock Options The following table includes activity related to outstanding performance-vested stock options during the nine months ended September 30, 2016. Performance-Vested Stock Options Number of Options (1) Weighted Average Exercise Price Outstanding at December 31, 2015 916,183 $ 9.34 Granted 883,759 9.67 Forfeited, Canceled, Expired (1,870 ) 15.00 Exercised — 0.00 Outstanding at September 30, 2016 1,798,072 $ 9.50 (1) As of September 30, 2016, 447,501 performance-vested stock options have performance metrics that are probable of achievement. These shares are included in share-based compensation costs for the three and nine months ended September 30, 2016. During the three months ended September 30, 2016, 266,000 performance-vested stock options were granted under the 2014 Plan. Additionally, 500,000 performance-vested stock options were granted to the Company’s CEO as an inducement under the NASDAQ Marketplace Rules. Restricted Stock Units The following table includes activity related to outstanding restricted stock units during the nine months ended September 30, 2016. Restricted Stock Units Number of RSUs Weighted Average Grant Date Fair Value Outstanding at December 31, 2015 — — Granted 105,313 $ 9.05 Forfeited, Canceled, Expired (2,956 ) 9.05 Issued Upon Vesting — — Outstanding at September 30, 2016 102,357 $ 9.05 There were no restricted stock units granted during the three months ended September 30, 2016. |