STOCK-BASED COMPENSATION | NOTE 3 — STOCK-BASED COMPENSATION Prior to May 9, 2024, the Company maintained a stock option plan and an omnibus equity incentive plan under which it granted options and other equity incentive awards to certain executives, key employees and consultants, as well as a non-employee director compensation plan under which it granted shares of common stock to non-employee directors. As of May 9, 2024, a new omnibus equity incentive plan replaced these plans with respect to awards made after that date to employees, consultants and directors. The Company has also made inducement awards of equity-based compensation outside of the plans. The fair value of each option and warrant grant is estimated on the date of the grant using the Black-Scholes option-pricing model. All options and warrants are charged against income at their fair value. The entire compensation expense of the grant is recognized over the vesting period. Performance share units are equity classified and measured at the fair value of the underlying stock at the grant date. Shares of stock granted for director fees are recorded at the fair value of the shares at the grant date. Restricted stock awards are equity classified and measured at the fair value of the underlying stock at the grant date. The fair value of restricted stock awards vesting at certain market capitalization thresholds were estimated on the date of grant using the Brownian Motion Monte Carlo lattice model. The fair value of other restricted stock awards were estimated on the date of grant at the current stock price. We recognize restricted stock expense using the straight-line attribution method over the requisite service period and account for forfeitures as they occur. The Company has four equity incentive plans: the 2015 Stock Option Plan, as amended (the “2015 Plan”), the 2021 Omnibus Equity Incentive Plan (the “2021 Plan”), the 2024 Omnibus Equity Incentive Plan (the “2024 Plan”), and the Non-Employee Director Compensation Plan (the “Director Plan”). No new awards have been or will be issued pursuant to the 2015 Plan, the 2021 Plan or the Director Plan from and after May 9, 2024. The Company has also issued employment inducement awards to certain key executives. The 2015 Plan provides for the grant of incentive stock options and nonqualified stock options. As of June 30, 2024, there were 2,270,000 The 2021 Plan provides for the grant of incentive stock options, nonqualified stock options, stock awards, restricted stock awards, restricted stock units and/or stock appreciation rights to employees, consultants and directors. As of June 30, 2024, there were 656,744 The 2024 Plan provides for the grant of incentive stock options, nonqualified stock options, stock awards, restricted stock awards, restricted stock units and/or stock appreciation rights to employees, consultants and directors. As of June 30, 2024, there were no 2,907,061 Each non-employee director of the Company (other than the Chairman of the Board) is eligible to receive $ 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. Time-Vesting Stock Options The following table summarizes the inputs into the Black-Scholes model for all time-vesting stock options granted during the six months ended June 30, 2024 and 2023: June 30, 2024 2023 Dividend yield 0.00 % 0.00 % Expected Volatility 46.18 47.83 % 56.83 61.29 % Expected dividends — — Expected term (in years) 6.25 10 Risk-free rate 4.24 4.63 % 3.50 3.53 % The following table summarizes the status of the stock options: Six Months Ended June 30, 2024 2023 Shares Weighted Shares Weighted Outstanding at January 1 3,256,250 $ 3.66 3,035,000 $ 3.92 Granted 215,000 $ 2.12 85,000 $ 3.91 Exercised — $ — — $ — Forfeited 433,750 $ 6.58 — $ — Outstanding at June 30 3,037,500 $ 3.36 3,120,000 $ 3.92 Options exercisable at June 30 1,392,500 $ 3.40 1,158,750 $ 4.37 Weighted average fair value of options granted during the period — $ 1.37 — $ 2.78 Stock-based compensation expense — $ 791,792 — $ 1,075,158 Total stock-based compensation expense for time-vested stock options was $ 791,792 1,075,158 The following table presents information pertaining to options outstanding at June 30, 2024: Range of Exercise Price Number Weighted Weighted Number Weighted $2.08 - $3.96 3,037,500 6.64 $ 3.36 1,392,500 $ 3.40 As of June 30, 2024, there was $ 2,383,087 3,665,166 3,798,884 Performance-Vesting Stock Options The following table summarizes the activities for our unvested performance-vesting stock option awards for the six months ended June 30, 2024, and 2023. Six Months Ended June 30, 2024 2023 Shares Weighted Shares Weighted Unvested at January 1 200,000 $ 1.48 — $ — Granted — $ — — $ — Vested — $ — — $ — Forfeited/canceled — $ — — $ — Unvested/outstanding at June 30 200,000 $ 1.48 — $ — Total stock-based compensation expense for performance-vesting stock options was $ 16,244 zero As of June 30, 2024, there was $ 160,223 Restricted Stock Awards and PSUs The following table summarizes the activities for our restricted stock awards and PSUs for the six months ended June 30, 2024, and 2023. Six Months Ended June 30, 2024 2023 Shares Weighted Shares Weighted Unvested at January 1 904,496 $ 1.80 950,000 $ 3.04 Granted — $ — 54,496 $ 3.68 Vested 81,789 $ 3.38 100,000 $ 3.31 Forfeited/canceled — $ — — $ — Unvested at June 30 822,707 $ 1.98 904,496 $ 2.97 Total stock-based compensation expense for restricted stock awards and PSUs was $ 236,933 340,774 As of June 30, 2024, and 2023, there was $ 641,132 1,447,790 Common Stock Warrants The following table summarizes the activities for our common stock warrants issued in connection with our loan financing agreement with our lender for the six months ended June 30, 2024, and 2023. Six Months Ended June 30, 2024 2023 Shares Weighted Shares Weighted Unvested at January 1 — $ — — $ — Granted 76,104 $ 1.37 — $ — Vested 38,052 $ 1.37 — $ — Forfeited/canceled — $ — — $ — Unvested at June 30 38,052 $ 1.37 — $ — As of June 30, 2024, and 2023, there was $ 39,096 zero |