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 non-employee directors. The Company has also made inducement awards of equity-based compensation outside of the plans. The Company issued warrants to purchase common stock in connection with our loan financing agreement with our lender. 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. Restricted stock units (“RSUs”) and performance share units (“PSUs”) are equity classified and measured at the fair value of the underlying stock at the grant date. Shares of stock granted for non-employee 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 three 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 had the Non-Employee Director Compensation Plan (the “Director Plan”) prior to May 9, 2024. 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 September 30, 2024, there were 2,237,500 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 September 30, 2024, there were 419,244 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 September 30, 2024, there were 769,257 2,407,804 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 nine months ended September 30, 2024: September 30, 2024 Dividend yield 0.00 % Expected Volatility 46.18 59.97 % Expected dividends — Expected term (in years) 6.25 Risk-free rate 3.78 4.63 % The following table summarizes the status of the stock options outstanding at September 30, 2024: Shares Weighted Outstanding at January 1 3,256,250 $ 3.66 Granted 537,025 $ 1.67 Exercised — $ — Forfeited/canceled (898,750 ) $ 4.96 Outstanding at September 30 2,894,525 $ 3.03 Options exercisable at September 30 1,446,250 $ 3.37 Weighted average fair value of options granted during the period — $ 1.37 Stock-based compensation expense — $ 1,122,128 Total stock-based compensation expense for time-vested stock options was $ 1,122,128 No The following table presents information pertaining to options outstanding at September 30, 2024: Range of Exercise Price Number Weighted Weighted Number Weighted $2.08 - $3.88 2,894,525 7.40 $ 3.03 1,446,250 $ 3.37 As of September 30, 2024, there was $ 1,958,795 Performance-Vesting Stock Options The following table summarizes the activities for our unvested performance-vesting stock option awards for the nine months ended September 30, 2024: Shares Weighted Unvested at January 1 200,000 $ 1.48 Granted — $ — Vested — $ — Forfeited/canceled — $ — Unvested/outstanding at September 30 200,000 $ 1.48 Total stock-based compensation expense for performance-vesting stock options was $ 24,366 As of September 30, 2024, there was $ 151,979 Restricted Stock Awards, RSUs, and PSUs The following table summarizes the activities for our restricted stock awards, RSUs, and PSUs for the nine months ended September 30, 2024: Shares Weighted Unvested at January 1 904,496 $ 1.80 Granted 458,975 $ 2.30 Vested (81,789 ) $ 3.38 Forfeited/canceled (11,745 ) $ 2.30 Unvested at September 30 1,269,937 $ 2.74 Total stock-based compensation expense for restricted stock awards, RSUs, and PSUs was $ 399,082 As of September 30, 2024, there was $ 1,175,828 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 nine months ended September 30, 2024: Shares Weighted Unvested at January 1 — $ — Granted 76,104 $ 1.37 Vested (38,052 ) $ 1.37 Forfeited/canceled — $ — Unvested at September 30 38,052 $ 1.37 As of September 30, 2024, there was $ 26,064 |