Quarterly report pursuant to Section 13 or 15(d)

EMPLOYEE STOCK OPTIONS AND RESTRICTED STOCK AWARD PLAN

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EMPLOYEE STOCK OPTIONS AND RESTRICTED STOCK AWARD PLAN
3 Months Ended
Mar. 31, 2021
EMPLOYEE STOCK OPTIONS AND RESTRICTED STOCK AWARD PLAN  
EMPLOYEE STOCK OPTIONS AND RESTRICTED STOCK AWARD PLAN

NOTE 11 – EMPLOYEE STOCK OPTIONS AND RESTRICTED STOCK AWARD PLAN

Compensation expense charged against income for share-based awards during the three months ended March 31, 2021, was $355,494 as compared to $673,795 for the three months ended March 31, 2020.  These amounts are included in general and administrative expense in the accompanying financial statements.

In 2011, the board of directors and stockholders approved and adopted a long-term incentive plan which allowed for the issuance of up to 2,500,000 shares of common stock through the grant of qualified stock options, non-qualified stock options and restricted stock. In 2013, the Company’s board of directors and stockholders approved an amendment to the long-term incentive plan, increasing the number of shares eligible under the plan to 5,000,000 shares. As of March 31, 2021 there were 341,155 shares remaining eligible for issuance under the plan.

In June 2020, officers and directors of the Company voluntarily returned stock options that had previously been granted to them.  In total, 2,265,000 options with an average exercise price of $6.87 per share were returned to and cancelled by the Company.  No grants, cash payments or other consideration has been or will be made to replace the options or otherwise in connection with the return.  As a result of the return and cancellation of the options, the Company incurred additional compensation expense of $768,379.

Stock Options

A summary of the stock option activity as of March 31, 2020 and 2021, respectively, and changes during the three months then ended is as follows:

    

    

    

Weighted-

    

Weighted-

Average

Average

Remaining

Aggregate

Exercise

Contractual

Intrinsic

Shares

Price

Term

Value

Outstanding, December 31, 2019

 

2,748,500

$

6.28

 

  

 

$

Granted

 

 

  

 

Forfeited or rescinded

 

 

  

 

Vested

 

 

  

 

Outstanding, March 31, 2020

 

2,748,500

$

6.28

 

3.7 Years

$

Exercisable, March 31, 2020

 

2,506,700

$

5.78

 

3.4 Years

 

  

Outstanding, December 31, 2020

 

465,500

$

3.26

 

  

 

$

Granted

 

 

  

 

Forfeited or rescinded

 

 

  

 

Vested

 

 

  

 

Outstanding, March 31, 2021

 

465,500

$

3.26

 

3.00 Years

$

134,850

Exercisable, March 31, 2021

 

460,700

$

3.11

 

2.95 Years

 

  

The intrinsic values were calculated using the closing price on March 31, 2021 of $2.31 and the closing price on March 31, 2020 of $0.66. As of March 31, 2021, there was $10,634 of unrecognized compensation cost related to stock options that is expected be recognized over a weighted-average period of 0.43 years.

Restricted Stock

A summary of the restricted stock activity as of March 31, 2021 and 2020, and changes during the three months then ended is as follows:

    

    

Weighted- 

Average Grant  

Restricted stock

Date Fair Value

Outstanding, December 31, 2019

 

1,341,889

$

4.94

Granted

 

 

Forfeited or rescinded

 

(2,400)

 

4.78

Vested

 

 

Outstanding, March 31, 2020

 

1,339,489

$

4.93

Outstanding, December 31, 2020

 

2,132,297

$

1.03

Granted

 

 

Forfeited or rescinded

 

 

Vested

 

(94,350)

 

4.95

Outstanding, March 31, 2021

 

2,037,947

$

0.85

As of March 31, 2021 there was $1,175,910 of unrecognized compensation cost related to restricted stock grants that will be recognized over a weighted average period of 1.6 years.