9. Equity Incentive Plan

In 2005, the Company approved the 2005 Equity Incentive Plan (the “2005 Plan”). The 2005 Plan provides for the granting of options, restricted stock or other stock-based awards to employees, officers, directors, consultants and advisors. During 2010, the maximum number of shares of Common Stock that may be issued pursuant to the 2005 Plan was increased to 59,414 shares. The Board of Directors (the “Board”) is responsible for administration of the 2005 Plan. The Company’s Board determines the term of each option, the option exercise price, the number of shares for which each option is granted and the rate at which each option is exercisable. Incentive stock options may be granted to any officer or employee at an exercise price per share of not less than the fair value per common share on the date of the grant (not less than 110% of fair value in the case of holders of more than 10% of the Company’s voting stock) and with a term not to exceed ten years from the date of the grant (five years for incentive stock options granted to holders of more than 10% of the Company’s voting stock). Nonqualified stock options may be granted to any officer, employee, consultant or director at an exercise price per share of not less than the par value per share. Following adoption of the 2014 Equity Incentive Plan (the “2014 Plan”), no further grants were made under the 2005 Plan. General terms of the 2014 Plan remain the same as that of the 2005 Plan.

The Company’s Board adopted the 2014 Plan and the Employee Stock Purchase Plan (the “ESPP”) and the Company’s Stockholders approved the 2014 Plan and the ESPP Plan in February 2015. As of December 31, 2019, the maximum number of shares of Common Stock that may be issued pursuant to the 2014 Plan and the ESPP was 559,339 and 11,371 shares, respectively.

In January 2019, the number of shares of common stock issuable under the 2014 Plan automatically increased by 23,333 shares pursuant to the terms of the 2014 Plan.  These additional shares are included in the total of 559,339 shares issuable under the 2014 Plan.

The following is a summary of stock option activity for the twelve months ended December 31, 2019 and December 31, 2018:

 

 

During the years ended December 31, 2019 and December 31, 2018, the Board approved the grant of options to purchase 49,994 and 27,687 shares of its Common Stock, respectively. All option grants were pursuant to the 2014 Plan. In general, options granted under the 2014 Plan vest with respect to one-third of the underlying shares on the one-year anniversary of the grant date and the remainder ratably over a 24‑month period.

For the twelve months ended December 31, 2019 and 2018, the fair value of each option grant has been estimated on the date of grant using the Black-Scholes Option Pricing Model with the following weighted-average assumptions:

 

 

Using the Black-Scholes Option Pricing Model, the estimated weighted average fair value of an option to purchase one share of common stock granted during the twelve months ended December 31, 2019 and 2018 was $7.11 and $8.33, respectively.

The following is a summary of restricted stock activity for the twelve months ended December 31, 2019 and December 31, 2018:

 

 

During the years ended December 31, 2019 and 2018, the Board approved the grant of 0 and 125,989 restricted shares of its Common Stock, respectively. All grants of restricted shares were pursuant to the 2014 Plan. These vest with respect to one-third of the underlying shares on the one-year anniversary of the grant date and the remainder ratably over a 24-month period. During the year ended December 31, 2019, 7,659 shares of restricted stock, respectively, which had not vested were forfeited and returned to the Company. During the year ended December 31, 2018, 7,224 shares of restricted stock, which had not vested were forfeited and returned to the Company.

 

The total stock-based compensation expense for employees and non-employees is included in the accompanying Consolidated Statements of Operations and as follows:

 

 

The fair value of options granted for the twelve months ended December 31, 2019 and 2018 was approximately $355,000 and $212,000, respectively. The fair value of restricted stock granted for the twelve months ended December 31, 2019 and 2018 was approximately $0 and $1,049,000 respectively. As of December 31, 2019 and 2018, there was approximately $627,000 and $1,236,000 of total unrecognized compensation expense related to unvested stock-based compensation arrangements granted, which cost is expected to be recognized over a weighted average period of 1.62 and 2.27 years, respectively. The aggregate intrinsic value of stock options outstanding and exercisable at December 31, 2019 and 2018 was approximately $32,000 and $0, respectively. 

As of December 31, 2019, there were 288,690 shares of Common Stock available for grant under the 2014 Plan and 7,806 shares available under the Company’s ESPP.