STOCK-BASED COMPENSATION | NOTE 4 — STOCK-BASED COMPENSATION The Company has three equity incentive plans: the 2015 Stock Option Plan, as amended (the “2015 Plan”), the 2021 Omnibus Equity Incentive Plan (the “2021 Plan”), and the Non-Employee Director Compensation Plan. The Company has also issued restricted stock as employment inducement awards to its Chief Executive Officer. As of September 30, 2022, there were options to purchase 2,650,000 zero 295,000 6,000,000 The 2021 Plan provides for the grant of up to 1,000,000 zero 97,100 475,000 20,988 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. 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, 2022 and September 30, 2021 was $2.10 and $2.93, respectively. The fair value of each award is estimated on the grant date using the Black-Scholes option pricing model with the following weighted average assumptions used for grants in the nine months ended September 30, 2022 and September 30, 2021. Historical information was the primary basis for the selection of the expected volatility, expected dividend yield and the expected lives of the options. The risk-free interest rate was selected based upon yields of the U.S. Treasury issues with a term equal to the expected life of the option being valued. We have recognized tax benefits associated with stock-based compensation of $ 151,736 56,102 Schedule of time based stock options September 30, 2022 2021 Dividend yield 0.00 0.00 Expected Volatility 65.9 77.5 74.01 76.77 Weighted-average volatility — — Expected dividends — — Expected term (in years) 10 10 Risk-free rate 1.81 2.99 1.20 1.62 The following table summarizes the status of the 2015 Plan with respect to time based stock options: Schedule of status of time based stock options Nine Months Ended September 30, 2022 2021 Shares Weighted Shares Weighted Outstanding at January 1 3,672,500 $ 3.42 2,922,494 $ 2.46 Granted 295,000 $ 2.70 1,650,000 $ 3.75 Exercised 831,250 $ 1.57 1,000,000 $ 1.23 Forfeited 486,250 $ 2.73 187,494 $ 3.36 Outstanding at September 30 2,650,000 $ 4.05 3,385,000 $ 3.39 Options exercisable at September 30 825,000 $ 4.41 1,005,625 $ 2.65 Weighted average fair value of options granted during the period — $ 2.10 — $ 2.93 Stock-based compensation expense — $ 1,465,567 — $ 1,934,935 Total stock-based compensation expense was $ 1,465,567 1,934,935 314,000 1,230,000 The weighted-average grant-date fair value of options granted during the nine months ended September 30, 2022, and 2021 was $ 0.6 4.8 831,250 1.0 The following table presents information pertaining to options outstanding at September 30, 2022: Schedule of information pertaining to options outstanding Range of Exercise Price Number Weighted Weighted Number Weighted $1.57-$9.49 2,650,000 8.1 $ 4.05 825,000 $ 4.41 As of September 30, 2022, there was $ 4,581,923 2,679,152 1,909,141 Performance Based Stock Options There were no performance based stock options granted during the nine months ended September 30, 2022, and 2021. The following table summarizes the status of the 2015 Plan with respect to performance based stock options: Schedule of performance base stock options Nine Months Ended September 30, 2022 2021 Shares Weighted Shares Weighted Outstanding at January 1 — $ — 1,000,000 $ 1.70 Granted — $ — — $ — Exercised — $ — — $ — Forfeited — $ — — $ — Outstanding at September 30 — $ — 1,000,000 $ 1.70 Options exercisable at September 30 — $ — — $ — Weighted average fair value of options granted during the period — $ — — $ — Stock-based compensation expense — $ — — $ (408,747 ) Total performance stock-based compensation expense totaled zero and ($408,747) for the nine months ended September 30, 2022, and 2021, respectively. All performance based stock options were forfeited as of September 30, 2021, and there was no unrecognized compensation cost remaining. 2021 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, 2022 and September 30, 2021 was $1.99 and $0 respectively. The fair value of each award is estimated on the grant date using the Black-Scholes option pricing model with the following weighted average assumptions used for grants in the nine months ended September 30, 2022 and September 30, 2021. Historical information was the primary basis for the selection of the expected volatility, expected dividend yield and the expected lives of the options. The risk-free interest rate was selected based upon yields of the U.S. Treasury issues with a term equal to the expected life of the option being valued. We have recognized tax benefits associated with stock-based compensation of $ 20,677 0 Schedule of time based stock options September 30, 2022 2021 Dividend yield 0.00 0.00 Expected Volatility 65.9 0 0 Weighted-average volatility — — Expected dividends — — Expected term (in years) 10 0 Risk-free rate 2.99 0 0 The following table summarizes the status of the 2021 Plan with respect to time based stock options: Schedule of status of time based stock options Nine Months Ended September 30, 2022 2021 Shares Weighted Shares Weighted Outstanding at January 1 0 $ 0 — $ — Granted 475,000 $ 2.67 — $ — Exercised 0 $ — — $ — Forfeited 0 $ — — $ — Outstanding at September 30 475,000 $ 2.67 — $ — Options exercisable at September 30 0 $ — — $ — Weighted average fair value of options granted during the period — $ 1.99 — $ — Stock-based compensation expense — $ 98,460 — $ — Total stock-based compensation expense was $98,460 and $0 for the nine months ended September 30, 2022, and 2021, respectively. There were no options exercised during the nine months ended September 30, 2022 and September 30, 2021. The weighted-average grant-date fair value of options granted during the nine months ended September 30, 2022, and 2021 was $0.95 million and $0 million, respectively. There were zero options exercised during the nine months ended September 30, 2022, and September 30, 2021. The following table presents information pertaining to options outstanding at September 30, 2022: Schedule of information pertaining to options outstanding Range of Exercise Price Number Weighted Weighted Number Weighted $2.67 475,000 9.6 $ 2.67 0 $ 0 As of September 30, 2022, there was $ 846,755 zero zero RESTRICTED STOCK AWARDS The following table summarizes the activities for our restricted stock awards for the nine months ended September 30, 2022, and 2021. Schedule of activities for restricted stock awards Nine Months Ended September 30, 2022 2021 Shares Weighted Shares Weighted Unvested at January 1 — $ — — $ — Granted 1,000,000 $ 3.01 1,000,000 $ 3.01 Vested 50,000 $ 3.31 — $ — Forfeited/canceled — $ — — $ — Unvested at September 30 950,000 $ 2.99 1,000,000 $ 3.01 As of September 30, 2022, and 2021, there was $ 1,788,565 2,379,089 107,344 30,554 |