Equity Incentive Plans | Note 7 – Equity Incentive Plans: Total compensation cost for share-based payments recognized for the three months ended June 30, 2017 and 2016 was $1,229,353 and $ 1,684,390 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 are time-based (vest over five years). Certain option awards provide for accelerated vesting if there is a change in control (as defined in the 2006 Plan). At June 30, 2017, 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). The outstanding options are time-based (vest between two and four years). The options granted have maximum contractual terms of 10 years. The Board of Directors froze the 2010 Plan such that no further grants may be issued under the 2010 Plan. 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 June 30, 2017, the awards granted were either time-based, performance-based (vest when performance targets are met, as defined in the stock option grant agreement), or restricted stock units (employee RSUs vest over 3 years and non-employee director RSUs vest over 1 year). At June 30, 2017, there were 2,073,286 shares of common stock available to be issued or used for reference purposes under the 2014 Plan. NASDAQ Marketplace Rules Inducement Award —During fiscal year 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 June 30, 2017, the awards granted were time-based (cliff vest over four years) and performance-based (vest when performance targets are met, as defined in the stock option grant agreement). Service Period Stock Options The following table includes activity related to outstanding service period stock options during the six months ended June 30, 2017. Service Period Stock Options Shares Weighted Average Exercise Price Outstanding at December 31, 2016 2,788,285 $ 8.61 Granted 340,618 11.00 Exercised (492,493 ) 7.20 Forfeited (3,572 ) 13.94 Outstanding at June 30, 2017 2,632,838 $ 14.70 Performance-Vested Stock Options The following table includes activity related to outstanding performance-vested stock options during the six months ended June 30, 2017. Performance Based Options Shares Weighted Average Exercise Price Outstanding at December 31, 2016 1,357,561 $ 10.24 Granted 110,741 11.00 Expired (26,156 ) 8.87 Forfeited (2,936 ) 15.00 Outstanding at June 30, 2017 1,439,210 $ 10.31 (1) As of June 30, 2017, 516,877 performance-vested stock options at a weighted average exercise price of $9.79 have performance metrics that are probable of achievement. These shares are included in share-based compensation costs for the three and six months ended June 30, 2017. Restricted Stock Units The following table includes activity related to outstanding restricted stock units during the six months ended June 30, 2017. Restricted Stock Units Shares Weighted-Average Grant-Date Fair Value Per Unit Outstanding at December 31, 2016 97,515 $ 9.05 Granted 115,320 11.00 Issued Upon Vesting (59,088 ) 9.05 Outstanding at June 30, 2017 153,747 $ 10.51 |