STOCK-BASED COMPENSATION | NOTE 4 — STOCK-BASED COMPENSATION The Company has two equity incentive plans: the 2015 Stock Option Plan, as amended (the “2015 Plan”) and the 2021 Omnibus Equity Incentive Plan (the “2021 Plan”). As of September 30, 2021, there were options to purchase 3,385,000 1,650,000 6,000,000 1,000,000 20,988 Prior to January 1, 2021, each non-employee director of the Company was eligible to receive $ 50,000 10,000 50,000 Effective January 1, 2021, each non-employee director of the Company (other than the Chairman of the Board) and Board advisor were eligible to receive of $ 75,000 to be paid quarterly $12,500 in cash and $6,250 in common stock 100,000 to be paid quarterly $12,500 in cash and $12,500 in common stock 110,000 to be paid quarterly $12,500 in cash and $15,000 in common stock 140,000 to be paid quarterly $12,500 in cash and $22,500 in common stock On May 20, 2020, the Company entered into a Settlement Agreement with EMED Technologies Corporation (“EMED”) to settle all claims in connection with all pending litigation matters between them. Pursuant to the Settlement Agreement, the Company issued to EMED (i) 95,238 restricted stock units, which vested on May 21, 2020, and 95,238 restricted stock units, which vested on January 1, 2021, and (ii) an option to purchase up to 400,000 shares of the Company’s common stock at an exercise price of $11.21 per share prior to February 1, 2021, which was not exercised On April 12, 2021, pursuant to an employment agreement entered into on March 15, 2021, with Linda Tharby, the Company’s President and Chief Executive Officer, the Company issued three restricted stock awards for an aggregate 1,000,000 3,310,000 2015 STOCK OPTION PLAN, as amended Time Based Stock Options The per share weighted average fair value of stock options granted during the nine months ended September 30, 2021 and September 30, 2020 was $ 2.93 6.53 stock-based compensation 56,102 150,566 September 30, 2021 2020 Dividend yield 0.00% 0.00% Expected Volatility 74.01 76.77 62.11 62.18 Weighted-average volatility — — Expected dividends — — Expected term (in years) 10 10 Risk-free rate 1.20 1.62 0.63 0.64 The following table summarizes the status of the Plan with respect to time based stock options: Nine Months Ended September 30, 2021 2020 Shares Weighted Shares Weighted Outstanding at January 1 2,922,494 $ 2.46 3,647,000 $ 1.32 Granted 1,650,000 $ 3.75 360,000 $ 9.54 Exercised 1,000,000 $ 1.23 747,006 $ 0.65 Forfeited 187,494 $ 3.36 200,000 $ 2.09 Outstanding at September 30 3,385,000 $ 3.39 3,059,994 $ 2.40 Options exercisable at September 30 1,005,625 $ 2.65 1,009,629 $ 1.36 Weighted average fair value of options granted during the period — $ 2.93 — $ 6.53 Stock-based compensation expense — $ 1,934,935 — $ 572,775 Total stock-based compensation expense was $ 1,934,935 572,775 1,230,000 95,880 The weighted-average grant-date fair value of options granted during the nine months ended September 30, 2021, and 2020 was $ 4.8 million 2.4 million 1.0 million 747,006 The following table presents information pertaining to options outstanding at September 30, 2021: Range of Exercise Price Number Weighted Weighted Number Weighted $0.50-$9.76 3,385,000 7.8 $ 3.39 1,005,625 $ 2.65 As of September 30, 2021, there was $ 5.8 million 46 1,909,141 874,041 Performance Based Stock Options There were no stock options granted during the nine months ended September 30, 2021, and 2020. The following table summarizes the status of the Plan with respect to performance-based stock options Nine Months Ended September 30, 2021 2020 Shares Weighted Shares Weighted Outstanding at January 1 1,000,000 $ 1.70 1,000,000 $ 1.70 Granted — $ — — $ — Exercised — $ — — $ — Forfeited 1,000,000 $ 1.70 — $ — Outstanding at September 30 — $ — 1,000,000 $ 1.70 Options exercisable at September 30 — $ — 333,333 $ 1.70 Weighted average fair value of options granted during the period — $ — — $ — Stock-based compensation expense — $ (408,747 ) — $ 438,365 Total performance stock-based compensation expense totaled ($408,747) and $ 438,365 no RESTRICTED STOCK AWARDS On April 12, 2021, pursuant to an employment agreement entered into on March 15, 2021, with Linda Tharby, the Company’s President and Chief Executive Officer and as an inducement to her employment, the Company issued three restricted stock awards for an aggregate 1,000,000 3,310,000 The following table summarizes the activities for our unvested restricted stock awards for the nine months ended September 30, 2021, and 2020. Nine Months Ended September 30, 2021 2020 Shares Weighted Shares Weighted Unvested at January 1 — $ — — $ — Granted 1,000,000 $ 3.01 — $ — Vested — $ — — $ — Forfeited/canceled — $ — — $ — Unvested at September 30 1,000,000 $ 3.01 — $ — As of September 30, 2021, there was $ 2,379,089 39 30,554 zero |