Quarterly report pursuant to Section 13 or 15(d)

Stock-Based Payment Arrangements

v2.4.0.6
Stock-Based Payment Arrangements
9 Months Ended
Sep. 30, 2012
Stock-Based Payment Arrangements [Abstract]  
Stock-Based Payment Arrangements
5. Stock-Based Payment Arrangements

The Company recognized stock-based compensation on all employee and non-employee awards as follows:

 

                                 
   

Three Months
Ended

September 30,

   

Three Months
Ended

September 30,

   

Nine months

Ended

September 30,

   

Nine months

Ended

September 30,

 
    2012     2011     2012     2011  

Research and development

  $ 105,858     $ 32,590     $ 116,726     $ 107,731  

Selling, general and administrative

    693,533       179,545       940,492       950,596  
   

 

 

   

 

 

   

 

 

   

 

 

 

Total stock based compensation expense

  $ 799,391     $ 212,135     $ 1,057,218     $ 1,058,327  
   

 

 

   

 

 

   

 

 

   

 

 

 

The Company granted 100,000 stock options, with a weighted-average grant date fair value of $1.03 per share, during the nine months ended September 30, 2012. No stock options were granted during the three months ended September 30, 2012. The Company granted 195,700 and 496,500 stock options, with a weighted-average grant date fair value of $1.02 and $3.30 per share, during the three and nine months ended September 30, 2011, respectively.

During the nine months ended September 30, 2012, 191,925 stock options previously granted have vested and 164,750 stock options were forfeited.

On August 6, 2012, the Compensation Committee of the Board of Directors (the “Board”) of the Company met and determined that one of the performance goals established in the Company’s Long Term Incentive Programs (“LTIP”) as part of executive compensation and non-employee director compensation had been achieved. The performance goal met was the goal related to the Company successfully raising $10,000,000 of new capital. As a result of the Compensation Committee’s determination, and pursuant to the LTIP, Dr. John Bonfiglio, the Company’s Chief Executive Officer and Dr. Martin Handfield, the Company’s Vice President of Research and Development, were entitled to awards of 0.70% and 0.23% respectively of the Company’s common stock outstanding at the time of the Compensation Committee’s determination that such goal had been met. Accordingly, Dr. Bonfiglio and Dr. Handfield were awarded 188,482 and 61,929 shares of Company common stock under the Company’s Amended and Restated 2002 Stock Option and Incentive Plan (the “Plan”), respectively. Also on August 6, 2012 the Board met and determined that a similar performance goal under the previously established Long Term Incentive Program for the compensation of non-employee directors had been met. As a result, the Board approved the award of 43,081 shares of common stock under the Plan, to each of the Company’s directors who were not employed by the Company, including Frederick Telling, Charles Pope, Alan Dunton, Christine Koski and Robert Koski.

The aggregate shares awarded under the Plan of 465,816, consisted of a total of 215,405 shares to non-employee directors and 250,411 shares to executive officers. Of the aggregate 465,816 shares awarded under the LTIPs, (i) 132,000 shares were awarded to Dr. Bonfiglio of which 34,914 shares were retained by the Company for applicable tax withholding obligations, (ii) 43,000 shares were awarded to Dr. Handfield of which 11,373 shares were retained by the Company for applicable tax withholding obligations, and (iii) 30,000 shares were awarded to each of the five non-employee directors, with the balance of the remaining aggregate shares awarded of 140,816 to be issued in the future at such time that an increase in the number of shares available under the Company’s Plan could be approved by the shareholders. See Note 11 — Subsequent Events.

The grant date fair value of the 278,713 shares issued under the LTIP was determined to be $429,218.