Share Based Compensation | Note 12 – Share Based Compensation Omnibus Incentive Plan The Company issues share-based awards under its Company’s 2016 Omnibus Incentive Plan, which enables the Company to grant stock options, stock appreciation rights, restricted stock, restricted stock units, unrestricted stock, other share based awards and cash awards to associates, directors, consultants, and advisors of the Company and its affiliates, and to improve the ability of the Company to attract, retain, and motivate individuals upon whom the Company’s sustained growth and financial success depend, by providing such persons with an opportunity to acquire or increase their proprietary interest in the Company. Stock options granted under the 2016 Plan may be non-qualified stock options or incentive stock options, within the meaning of Section 422(b) of the Internal Revenue Code of 1986, except that stock options granted to outside directors and any consultants or advisers providing services to the Company or an affiliate shall in all cases be non-qualified stock options. The option price must be at least 100% of the fair market value on the date of grant and if issued to a 10% or greater shareholder must be 110% of the fair market value on the date of the grant. The 2016 Plan is to be administered by the Board, which has discretion over the awards and grants thereunder. No awards may be issued after November 21, 2026. The Plan was adopted in 2016 and amended in 2018, 2020 and 2021 to increase the number of shares authorized to be awarded under the Plan. The number of shares subject to the Plan is automatically adjusted from time to time such that shares authorized under the plan shall always be equal to at least 20 6,939,796 20 Stock Options The fair value of each option grant is estimated at the grant date using the Black Scholes method. The following assumptions were used in estimating fair value: Schedule of Stock Options Assumptions in Estimated Fair Value 2023 2022 Expected term 5.5 6.5 5.5 6.5 Volatility 92.5 93.5 % 96.0 101.5 % Risk free interest rate 3.63 4.23 % 1.88 4.74 % Dividend yield 0.00 % 0.00 % A summary of the option activity during the years ended December 31, 2023 and 2022 is presented below: Schedule of Stock Option Activity Weighted Weighted Average Average Remaining Aggregate Number of Exercise Life Intrinsic Options Price In Years Value Outstanding, January 1, 2022 3,441,907 $ 9.16 Granted 413,612 6.71 Forfeited (61,067 ) 7.87 Outstanding, December 31, 2022 3,794,452 $ 8.91 8.5 $ - Granted 1,026,424 3.88 Forfeited (35,600 ) 6.72 Outstanding, December 31, 2023 4,785,276 $ 7.85 8.0 $ 1,444 Exercisable, December 31, 2023 3,189,735 $ 9.29 7.3 $ 33 The Company includes share-based compensation expense in selling, general and administrative expenses, and recognized $ 5.2 9.0 As of December 31, 2023, there was $ 5.9 1.9 Restricted Stock Units The Company also issues restricted shares and restricted stock units under the 2016 Plan. A summary of the restricted share and restricted stock units activity during the years ended December 31, 2023 and 2022 is presented below: Schedule of Restricted Stock Units Number of Restricted Shares Outstanding, January 1, 2022 402,082 Granted - Shares vested (2,082 ) Outstanding, December 31, 2022 400,000 Granted - Shares Vested - Outstanding, December 31, 2023 400,000 |