Stockholders’ Equity | (6) Stockholders’ Equity (a) Preferred Stock The Company is authorized to issue 5,000,000 0.01 250,000 8,000 1,000 The Company is authorized to issue 8,000 no 1,000 696 715 114 Pursuant to a registration statement relating to a rights offering declared effective by the SEC on February 14, 2019, AIM distributed to its holders of common stock and to holders of certain options and warrants as of February 14, 2019, at no charge, one non-transferable subscription right for each share of common stock held or deemed held on the record date. Each right entitled the holder to purchase one unit, at a subscription price of $ 1,000 1,000 8.80 114 8.80 five years 4,700,000 19 (b) Common Stock and Equity Finances The Company has authorized shares of 350,000,000 8,000,000 350,000,000 On July 7, 2020, the board of directors approved a plan pursuant to which all directors, officers, and employees could purchase from the Company up to an aggregate of $ 500,000 132,238 86,817 1.16 2.35 ; 0.76 1.02 On September 27, 2019, the Company closed a public offering underwritten by A.G.P./Alliance Global Partners, LLC (the “Offering”) of (i) 1,740,550 7,148,310 8,888,860 a Representative’s Warrant to purchase up to an aggregate of 266,665 . The shares of Common Stock and Warrants were sold at a combined Offering price of $ 0.90 0.99 0.899 4.99 7,200,000 , 2020, 1,870,000 8,873,960 266,665 264,000 46,000 15,000 On July 19, 2019, the Company entered into a new Equity Distribution Agreement (the “2019 EDA”) with Maxim Group LLC (“Maxim”), pursuant to which it could sell, from time to time, shares of its Common Stock through Maxim, as agent (the “Offering”). The 2019 EDA replaced a prior EDA with Maxim. For the year ended December 31, 2020, the Company sold 20,444,807 53,936,615 3.5 1,888,727 5,665,731 13,301,526 3.5 465,533 The 2018 Equity Incentive Plan, effective September 12, 2018, authorizes the grant of (i) Incentive Stock Options, (ii) Nonstatutory Stock Options, (iii) Stock Appreciation Rights, (iv) Restricted Stock Awards, (v) Restricted Stock Unit Awards, (vi) Performance Stock Awards, (vii) Performance Cash Awards, and (viii) Other Stock Awards. Initially, a maximum of 7,000,000 10 26,324 9.68 10 23 9.68 27,570 9.68 ten years 400,000 2.77 3.07 ten years 850,000 0.31 1.71 ten years 613,512 1.11 1.71 ten years As of December 31, 2022, and 2021, there were 48,084,287 47,994,672 (c) Common Stock Options and Warrants (i) Stock Options The 2018 Equity Incentive Plan, effective September 12, 2018, authorizes the grant of (i) Incentive Stock Options, (ii) Nonstatutory Stock Options, (iii) Stock Appreciation Rights, (iv) Restricted Stock Awards, (v) Restricted Stock Unit Awards, (vi) Performance Stock Awards, (vii) Performance Cash Awards, and (viii) Other Stock Awards. Initially, a maximum of 7,000,000 10 The Equity Incentive Plans of 2018 are administered by the Board of Directors. The Plans provide for awards to be made to such Officers, other key employees, non-employee Directors, consultants and advisors of the Company and its subsidiaries as the Board may select. Stock options awarded under the Plans may be exercisable at such times (not later than 10 years after the date of grant) and at such exercise prices (not less than fair market value at the date of grant) as the Board may determine. The Board may provide for options to become immediately exercisable upon a “change in control”, which is defined in the Plans to occur upon any of the following events: (a) the acquisition by any person or group, as beneficial owner, of 20% or more of the outstanding shares or the voting power of the outstanding securities of the Company; (b) either a majority of the Directors of the Company at the annual stockholders meeting has been nominated other than by or at the direction of the incumbent Directors of the Board, or the incumbent Directors cease to constitute a majority of the Company’s Board; (c) the Company’s stockholders approve a merger or other business combination pursuant to which the outstanding common stock of the Company no longer represents more than 50% of the combined entity after the transaction; (d) the Company’s stockholders approve a plan of complete liquidation or an agreement for the sale or disposition of all or substantially all of the Company’s assets; or (e) any other event or circumstance determined by the Company’s Board to affect control of the Company and designated by resolution of the Board as a change in control. The fair value of each option award is estimated on the date of grant using a Black-Scholes-Merton pricing option valuation model. Expected volatility is based on the historical volatility of the price of the Company’s stock. The risk-free interest rate is based on U.S. Treasury issues with a term equal to the expected life of the option and equity warrant. The Company uses historical data to estimate expected dividend yield, life and forfeiture rates. The expected life of the options and equity warrants was estimated based on historical option and equity warrant holders’ behavior and represents the period of time that options and equity warrants are expected to be outstanding. The fair values of the options granted were estimated based on the following weighted average assumptions: Schedule of Options and Equity Estimated Based on Weighted Average Assumptions Year Ended December 31, 2022 2021 Risk-free interest rate 1.74 3.88 0.66 1.23 Expected dividend yield — — Expected life 10 5 Expected volatility 98.43 107.18 108.08 108.46 Weighted average grant date fair value for options issued $ 0.51 per option for 850,000 options $ 1.61 per option for 613,512 options The exercise price of all stock options and equity warrants granted was equal to or greater than the fair market value of the underlying common stock on the date of the grant. Information regarding the options approved by the Board of Directors under Equity Plan of 2009 is summarized below. The plan expired June 24, 2019: Schedule of Stock Option Activity 2022 2021 Shares Option Price Weighted Average Exercise Price Shares Option Price Weighted Average Exercise Price Outstanding, beginning of year 128,504 $ 13.20 2,127.84 $ 25.58 129,680 $ 13.20 2,127.84 $ 23.05 Granted — — — — Forfeited (4,105 ) 16.76 2,127.84 129.88 (1,176 ) 16.76 1056.00 289.62 Exercised — — — — — — Outstanding, end of year 124.399 $ 13.20 1,003.20 $ 22.23 128,504 $ 13.20 2,127.84 $ 25.58 Exercisable, end of year 124,399 $ 13.20 1,003.20 126,393 $ 13.20 2,127.84 Weighted average remaining contractual life (years) 5.98 5.9 Information regarding the options approved by the Board of Directors under the Equity Plan of 2018 is summarized below: Schedule of Stock Option Activity 2022 2021 Shares Option Price Weighted Average Exercise Price Shares Option Price Weighted Average Exercise Price Outstanding, beginning of year 1,650,017 $ 1.11 9.68 $ 2.35 1,086,549 $ 1.85 9.68 $ 2.75 Granted 850,000 $ 0.31 1.71 $ 0.51 613,512 $ 1.11 1.71 $ 1.67 Forfeited (25,046 ) $ 1.85 9.68 $ 1.86 (50,044 ) $ 1.85 8.50 $ 1.86 Exercised — — — — — — Outstanding, end of year 2,474,971 $ 0.31 9.68 $ 1.72 1,650,017 $ 1.11 9.68 $ 2.35 Exercisable, end of year 1,916,637 $ 0.41 9.68 $ 2.22 1,141,798 $ 1.11 9.68 $ 2.35 Weighted average remaining contractual life (years) 9.65 9.12 Available for future grants 466,120 344,322 Stock option activity during the years ended December 31, 2022 and 2021 is as follows: Vested stock option activity for employees: Schedule of Vest Stock Option Activity Number of Weighted Weighted Aggregate Outstanding December 31, 2020 1,049,695 $ 5.38 9.28 — Granted 500,000 1.60 9.11 — Forfeited (50,897 ) 19.50 — — Expired — 348.48 — — Outstanding December 31, 2021 1,498,798 $ 4.22 9.11 — Granted 550,000 0.49 9.71 — Forfeited (28,584 ) 17.71 Expired — — — — Outstanding December 31, 2022 2,020,214 $ 3.01 8.86 — Vested and expected to vest at December 31, 2022 2,020,214 $ 3.01 8.86 — Exercisable at December 31, 2022 1,627,888 $ 2.36 6.54 — The weighted-average grant-date fair value of employee options granted during the year 2022 was $ 269,000 550,000 0.49 801,000 500,000 1.60 Unvested stock option activity for employees: Schedule of Unvested Stock Option Activity Number of Weighted Average Aggregate Unvested December 31, 2020 728,846 $ 3.71 9.61 — Granted 449,102 1.60 9.11 — Vested (765,448 ) 2.24 8.36 — Forfeited — — — — Unvested December 31, 2021 412,500 $ 4.15 5.85 — Granted 550,000 0.49 9.71 — Vested (541,590 ) 1.31 9.73 — Forfeited (28,584 ) 17.71 — — Unvested December 31, 2022 392,326 $ 0.80 8.86 — Vested stock option activity for non-employees: Schedule of Vest Stock Option Activity Number Weighted Weighted Aggregate Outstanding December 31, 2020 166,533 $ 11.03 6.88 — Granted 113,512 1.64 — — Exercised — — — — Forfeited (322 ) 965.93 — — Outstanding December 31, 2021 279,723 $ 6.12 7.93 — Granted 300,000 0.54 9.68 — Exercised — — — — Forfeited (568 ) 153.12 — — Outstanding December 31, 2022 579,155 $ 3.09 8.36 — Vested and expected to vest at December 31, 2022 579,155 $ 3.09 8.36 — Exercisable at December 31, 2022 412,487 $ 3.60 9.49 — The weighted-average grant-date fair value of non-employee options granted during year 2022 was $ 161,500 300,000 0.54 181,161 109,154 1.66 Unvested stock option activity for non-employees: Schedule of Unvested Stock Option Activity Number of Weighted Weighted Aggregate Unvested December 31, 2020 66,202 $ 7.24 6.13 — Granted 113,512 1.64 9.92 — Vested (81,883 ) 3.48 — — Forfeited — — — — Unvested December 31, 2021 97,831 $ 3.89 7.82 — Granted 300,000 0.54 9.68 — Vested (229,053 ) 0.82 — — Forfeited — — — — Unvested December 31, 2022 168,778 $ 4.05 9.49 — Stock-based compensation expense was approximately $ 954,000 1,568,000 0.02 0.03 As of December 31, 2022, and 2021, there was $ 217,000 779,000 (ii) Stock Warrants Stock warrants are issued as needed by the Board of Directors and have no formal plan. The fair value of each warrant award is estimated on the date of grant using a Black-Scholes-Merton pricing option valuation model. Expected volatility is based on the historical volatility of the price of the Company’s stock. The risk-free interest rate is based on U.S. Treasury issues with a term equal to the expected life of the warrant. The Company uses historical data to estimate expected dividend yield, life and forfeiture rates. The expected life of the warrants was estimated based on historical option holder’s behavior and represents the period of time that options are expected to be outstanding. There were 16,907,471 0.99 8.80 Information regarding warrants outstanding and exercisable into shares of common stock is summarized below: Schedule of Warrants Outstanding and Exercisable 2022 2021 Shares Warrant Weighted Average Exercise Price Shares Warrant Weighted Outstanding, beginning of year 294,939 $ 0.99 469.92 $ 15.19 375,100 $ 0.99 469.92 $ 116.38 Granted — — — — — — Expired (95 ) 469.92 469.92 (79,593 ) 17.16 84.48 20.85 Exercised (114 ) 8.80 8.80 (568 ) 8.80 8.80 Outstanding, end of year 288,077 $ 0.99 132.00 $ 9.10 294,939 $ 0.99 469.92 $ 15.19 Exercisable 288,077 $ 0.99 132.00 $ 9.10 294,939 $ 0.99 469.92 $ 15.19 Weighted average remaining contractual life .94 4.75 Years exercisable 2023 2024 2022 2025 Stock warrants are issued at the discretion of the Board. In 2022 and 2021 there were no 114 568 |