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Commitments and Contingencies
9 Months Ended
Jun. 30, 2022
Commitments and Contingencies Disclosure [Abstract]  
Commitments and Contingencies

Note 6       Commitments and Contingencies

 

a)Leases

 

During the three and nine months ended June 30, 2022, the Company incurred office lease expense of $21,015 and $42,348 (2021: $18,994 and $117,284), respectively.

 

b)Employee 401(k) Benefit Plan

 

The Company has a defined-contribution savings plan under Section 401(k) of the Internal Revenue Code. The plan covers all United States based employees. United States based employees eligible to participate in the plan may contribute up to the current statutory limits under the Internal Revenue Service regulations. The 401(k) plan permits the Company to make additional matching contributions on behalf of contributing employees. During the three and nine months ended June 30, 2022, the Company made $27,358 and $120,979 (2021: $28,221 and $102,261), respectively, in matching contributions under the 401(k) plan.

 

c)Litigation

 

The Company is subject to claims and legal proceedings that arise in the ordinary course of business. Such matters are inherently uncertain, and there can be no guarantee that the outcome of any such matter will be decided favorably to the Company or that the resolution of any such matter will not have a material adverse effect upon the Company's consolidated financial statements. The Company does not believe that any of such pending claims and legal proceedings will have a material adverse effect on its consolidated financial statements.

 

d)Share Purchase Warrants

      A summary of the status of the Company’s outstanding share purchase warrants is presented below:

 

           
      Weighted
      Average
   Number of  Exercise Price
   Shares  ($)
Balance, September 30, 2020    500,000    3.88 
Granted    60,000    12.00 
Exercised    (350,000)   4.19 
Balance, September 30, 2021    210,000    5.69 
Forfeited    (50,000)   12.00 
Balance, June 30, 2022    160,000    3.72 

 

At June 30, 2022, the Company had share purchase warrants outstanding as follows 

        
Number  Exercise Price  Expiry Date
150,000  $3.17   May 6, 2024
10,000  $12.00   April 21, 2026
160,000        

 

e)Stock–based Compensation Plan

 

2015 Stock Option Plan

 

On September 18, 2015, the Company’s Board approved a 2015 Omnibus Incentive Plan (the “2015 Plan”), which provided for the grant of stock options and restricted stock awards to directors, officers, employees and consultants of the Company.

 

The maximum number of our common shares reserved for issue under the plan was 6,050,553 shares, subject to adjustment in the event of a change of the Company’s capitalization.

 

2019 Stock Option Plan

 

On January 15, 2019, the Board approved the 2019 Omnibus Incentive Plan (the “2019 Plan”), which provides for the grant of stock options and restricted stock awards to directors, officers, employees, consultants and advisors of the Company.

 

The maximum number of our common shares reserved for issue under the plan was 6,000,000 shares, subject to adjustment in the event of a change of the Company’s capitalization.

 

During the nine months ended June 30, 2022, 406,453 options previously available under the 2019 Plan and the 2015 Plan became available under the 2022 Plan (as defined below).

 

2022 Stock Option Plan

 

On March 25, 2022, the Board approved the 2022 Omnibus Incentive Plan (the “2022 Plan”). The 2022 Plan was approved by stockholders on May 24, 2022. Under the terms of the 2022 Plan, 10,000,000 additional shares of Common Stock will be available for issuance under the plan, in addition to the shares available under the 2019 Plan and the 2015 Plan. Any awards outstanding under a previous stock option plan will remain subject to and be paid under such plan, and any shares subject to outstanding awards under a previous plan that subsequently cease to be subject to such awards (other than by reason of settlement of the awards in shares) will automatically become available for issuance under the 2022 Plan.

 

The 2022 Plan provides that it may be administered by the Board, or the Board may delegate such responsibility to a committee. The exercise price will be determined by the Board at the time of grant shall be at least equal to the fair market value on such date. If the grantee is a 10% stockholder on the grant date, then the exercise price shall not be less than 110% of fair market value of the Company’s shares of common stock on the grant date. Stock options may be granted under the 2022 Plan for an exercise period of up to ten years from the date of grant of the option or such lesser periods as may be determined by the Board, subject to earlier termination in accordance with the terms of the 2022 Plan. At June 30, 2022, 1,298,000 options had been issued under the 2022 Plan and 9,108,453 options were available for issue under the 2022 Plan, subject to stockholder approval.

 

A summary of the status of Company’s outstanding stock options is presented below:

 

                     
      Weighted      
      Average  Weighted Average  Aggregate
   Number of  Exercise Price  Grant Date Fair Value  intrinsic value
   Shares  ($)  ($)  ($)
Outstanding, September 30, 2020    10,076,266    3.48         14,982,581 
Granted    2,732,000    12.55    9.32      
Forfeited    (55,834)   3.04    2.43      
Exercised    (1,421,529)   2.89    2.43    24,446,305 
Outstanding, September 30, 2021    11,330,903    5.74         140,132,451 
Granted    2,208,000    10.07    6.99      
Forfeited    (103,750)   5.39    4.04      
Exercised    (400,537)   2.52    1.88      
Outstanding, June 30, 2022    13,034,616    6.57         58,809,090 
Exercisable, June 30, 2022    8,562,530    4.11         52,439,132 

 

 

The following summarizes information about stock options at June 30, 2022 by a range of exercise prices:

 

                                
      Weighted         
      average         
   Number of  remaining     Number of  Weighted
Range of exercise prices  outstanding  contractual  Weighted average  vested  average
From  To  options  life (in years)  exercise price  options  exercise price
$0.92    2.96    3,903,762    5.38    2.30    3,868,762    2.29 
$3.15    4.80    2,078,800    5.59    3.30    2,058,800    3.28 
$5.04    8.98    3,957,054    6.32    6.28    2,356,221    6.30 
$10.09    17.03    1,798,000    9.38    11.05    209,997    14.40 
$18.11    24.58    1,297,000    9.08    19.39    68,750    24.03 
           13,034,616              8,562,530     

 

The weighted average grant date fair value of options vested during the three and nine months ended June 30, 2022 was $3.83 (2021: $3.16). At June 30, 2022, the weighted average contractual life of options outstanding was 6.62 years (September 30, 2021: 6.65 years) and for options exercisable was 5.21 years (September 30, 2021: 5.80 years).

 

The aggregate intrinsic value is calculated as the difference between the exercise price of the underlying awards and the quoted market price of the Company’s stock for the options that were in-the-money at June 30, 2022.

 

During the three and nine months ended June 30, 2022, the Company recognized stock-based compensation expense of $3,988,614 and $12,336,844 (2021: $2,293,925 and $5,079,395), respectively, in connection with the issuance and vesting of stock options and warrants in exchange for services. These amounts have been included in general and administrative expenses and research and development expenses on the Company’s statement of operations as follows:

 

                    
   Three months ended June 30,  Nine months ended June 30,
   2022  2021  2022  2021
General and administrative  $1,490,267   $1,048,606   $4,739,021   $2,265,387 
Research and development   2,498,347    1,245,319    7,597,823    2,814,008 
Total stock-based compensation  $3,988,614   $2,293,925   $12,336,844   $5,079,395 

 

An amount of approximately $24,276,312 in stock-based compensation is expected to be recorded over the remaining term of such options through fiscal 2025.

 

The fair value of each option award granted during the three and nine months ended June 30, 2022 and 2021 is estimated on the date of grant using the Black Scholes option pricing model based on the following weighted average assumptions:

 

          
   2022  2021
Risk-free interest rate   3.10%   0.71%
Expected life of options (years)   5.51    5.66 
Annualized volatility   84.12%   95.87%
Dividend rate   0.00%   0.00%

 

The fair value of stock compensation charges recognized during the three and nine months ended June 30, 2022 and 2021 was determined with reference to the quoted market price of the Company’s shares on the grant date.