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 December 31, 2022, there were options to purchase 2,560,000 445,000 6,000,000 The 2021 Plan provides for the grant of up to 1,000,000 97,100 475,000 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 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 years ended December 31, 2022, and December 31, 2021 was $ 1.98 2.85 198,258 175,257 Schedule of time based stock options December 31, 2022 December 31, 2021 Dividend yield 0.00 0.00 Expected volatility 65.29 77.5 74.01 77.91 Weighted-average volatility — — Expected dividends — — Expected term (in years) 10 10 Risk-free rate 1.81 4.02 1.20 1.62 The following table summarizes the status of the Company’s stock option plan: Schedule of status of time based stock options December 31, 2022 December 31, 2021 Shares Weighted Shares Weighted Outstanding at January 1 3,672,500 $ 3.42 2,922,494 $ 2.46 Granted 445,000 $ 2.57 2,000,000 $ 3.64 Exercised 1,031,250 $ 1.57 1,062,500 $ 1.19 Forfeited 526,250 $ 2.73 187,494 $ 3.36 Outstanding at year end 2,560,000 $ 4.15 3,672,500 $ 3.42 Options exercisable 737,500 $ 4.93 983,750 $ 2.73 Weighted average fair value of options granted during the period — $ 1.98 — $ 2.85 Stock-based compensation expense — $ 1,925,861 — $ 2,457,788 Total stock-based compensation expense, net of forfeitures, for stock option awards totaled $ 1,925,861 2,457,788 406,623 1,261,251 103,319 665,700 The weighted-average grant-date fair value of options granted during the years ended December 31, 2022, and 2021, was $ 881,428 5,699,986 1,150,203 697,920 The following table presents information pertaining to options outstanding as of December 31, 2022: Schedule of information pertaining to options outstanding Range of Exercise Price Number Weighted Weighted Number Weighted $2.25 - $9.49 2,560,000 8.8 $ 4.15 737,500 $ 4.93 As of December 31, 2022, there was $ 4,299,070 45 2,703,002 1,923,179 2021 STOCK OPTION PLAN, as amended Time Based Stock Options The per share weighted average fair value of stock options granted during the years ended December 31, 2022 and December 31, 2021 was $ 1.99 0 33,083 0 Schedule of time based stock options December 31, 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 Year Ended December 31, 2022 2021 Shares Weighted Shares Weighted Outstanding at January 1 0 $ 0 — $ — Granted 475,000 $ 2.67 — $ — Exercised 0 $ — — $ — Forfeited 0 $ — — $ — Outstanding at year end 475,000 $ 2.67 — $ — Options exercisable 0 $ — — $ — Weighted average fair value of options granted during the period — $ 1.99 — $ — Stock-based compensation expense — $ 157,536 — $ — Total stock-based compensation expense was $ 157,536 0 The weighted-average grant-date fair value of options granted during the years ended December 31, 2022, and 2021 was $ 945,215 0 The following table presents information pertaining to options outstanding at December 31, 2022: Schedule of information pertaining to options outstanding Range of Exercise Price Number Weighted Weighted Number Weighted $2.67 475,000 9.3 $ 2.67 0 $ 0 As of December 31, 2022, there was $ 787,679 48 zero zero Performance-Based Stock Options There were no performance-based stock options granted during the twelve months ended December 31, 2022, and 2021. The following table summarizes the status of the 2015 Plan with respect to performance-based stock options as of December 31, 2022 and 2021: Schedule of performance base options outstanding December 31, 2022 December 31, 2021 Shares Weighted Shares Weighted Outstanding at January 1 — $ — 1,000,000 $ 1.70 Granted — $ — — $ — Exercised — $ — — $ — Forfeited — $ — — $ — Outstanding at year end — $ — 1,000,000 $ 1.70 Options exercisable — $ — — $ — Weighted average fair value of options granted during the period — $ — — $ — Stock-based compensation expense — $ — — $ (408,747 ) Total performance stock-based compensation expense totaled zero (408,747) 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 twelve months ended December 31, 2022, and 2021. Twelve Months Ended December 31, 2022 2021 Shares Weighted Shares Weighted Unvested at January 1 1,000,000 $ 3.01 — $ — Granted — $ — 1,000,000 $ 3.01 Vested 50,000 $ 3.31 — $ — Forfeited/canceled — $ — — $ — Unvested at December 31 950,000 $ 3.04 1,000,000 $ 3.01 As of December 31, 2022, there was $ 1,618,177 21 101,419 47,220 |