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Share-Based Compensation
3 Months Ended
Mar. 31, 2021
Disclosure Of Compensation Related Costs Sharebased Payments [Abstract]  
Share-Based Compensation

7.

Share-Based Compensation

 

The Company maintains two equity compensation plans: the 2017 Stock Incentive Plan (the “2017 Plan”) and the 2019 Inducement Equity Incentive Plan (the “2019 Inducement Plan”). In June 2020, the board of directors approved an increase of 700,000 shares of common stock for issuance under the 2019 Inducement Plan.

 

Performance-based awards

 

During 2019, the Company granted 100,000 options and 50,000 restricted stock units (“RSUs”) containing the same performance-based vesting criteria.  These options and RSUs (the “Performance Awards”) are subject to performance-based vesting eligibility and a subsequent partial time-based vesting schedule. Specifically, the Performance Awards are eligible for vesting based on the achievement of performance criteria, each representing a 25% vesting opportunity if achieved within a specified time during the performance period (the “Performance Period”), and relating to (i) the release of tebipenem HBr top-line data; (ii) FDA acceptance of a tebipenem HBr New Drug Application; (iii) non-dilutive financing; and (iv) equity financing. Following the Performance Period, Performance Awards determined to be eligible for vesting as a result of achievement of the performance criteria will vest as follows: (a) 50% of the eligible award will vest immediately, and (b) the remaining eligible award will vest (i) in the case of options, in equal monthly installments ending two years after the Performance Period expiration, and (ii) in the case of RSUs, on such two year anniversary.

 

In January 2021, the Company cancelled the performance-based awards due to the non-achievement of the performance-based vesting criteria, and the awards were added back to the shares of common stock available for issuance under the 2017 Plan. None of the outstanding options had vested and no compensation expense associated with performance-based awards was recognized as of March 31, 2021.

 

 

The following table summarizes the activity of options and RSUs under the 2017 Plan containing performance-based vesting criteria during the three months ended March 31, 2021:

 

 

 

Number of

Performance Based

Option Shares

 

 

Number of

Performance Based

RSU Shares

 

Outstanding as of December 31, 2020

 

 

63,107

 

 

 

30,561

 

Granted

 

 

-

 

 

 

-

 

Exercised

 

 

-

 

 

 

-

 

Forfeited or cancelled

 

 

(63,107

)

 

 

(30,561

)

Outstanding as of March 31, 2021

 

 

-

 

 

 

-

 

  

         

Stock Options

 

The weighted-average grant date fair value of options, estimated as of the grant date using the Black-Scholes option pricing model, was $14.57 and $6.38 per option for those options granted during the three months ended March 31, 2021 and 2020 respectively.

 

The following table summarizes stock option activity under all equity plans (excluding RSUs) during the three months ended March 31, 2021:

 

 

 

Number of

Shares

 

 

Weighted

Average

Exercise

Price

 

 

Weighted

Average

Contractual

Term

 

 

Aggregate

Intrinsic

Value

 

 

 

 

 

 

 

 

 

 

 

(in years)

 

 

(in thousands)

 

Outstanding as of December 31, 2020

 

 

3,682,233

 

 

$

9.10

 

 

 

7.84

 

 

$

37,881

 

Granted

 

 

1,019,365

 

 

 

18.90

 

 

 

 

 

 

 

Exercised

 

 

(11,514

)

 

 

7.58

 

 

 

 

 

 

 

Forfeited or cancelled

 

 

(106,944

)

 

 

13.41

 

 

 

 

 

 

 

Outstanding as of March 31, 2021

 

 

4,583,140

 

 

$

11.18

 

 

8.06

 

 

$

20,727

 

Outstanding as of March 31, 2021 - vested and

   expected to vest

 

 

4,583,140

 

 

$

11.18

 

 

8.06

 

 

$

20,727

 

Exercisable at March 31, 2021

 

 

2,097,721

 

 

$

8.11

 

 

 

6.90

 

 

$

13,880

 

 

 

As of March 31, 2021, a total of 5,549,873 shares have been authorized and reserved for issuance under all equity plans and 495,396 shares were available for future issuance under such plans. 

 

Share-Based Compensation Expense

 

The Company recorded share-based compensation expense related to incentive stock options, nonqualified stock options, stock grants, and stock-based awards in the following expense categories of its consolidated statements of operations and comprehensive loss (in thousands):

 

 

 

Three Months Ended March 31,

 

 

 

2021

 

 

2020

 

 

 

 

 

 

 

 

 

 

Research and development expenses

 

$

840

 

 

$

496

 

General and administrative expenses

 

 

1,169

 

 

 

614

 

Total

 

$

2,009

 

 

$

1,110