The Company sponsors a stock-based incentive compensation plan known as the 2017 Incentive Plan (the “Plan”), which was established by the Board of Directors of the Company on June 19, 2017. As of September 2022, an aggregate of 3,500,000 shares of common stock were authorized for issuance under the Plan.

In March 2023, the stockholders approved an amendment to the Plan, as amended to date, to (i) increase the number of shares authorized for issuance thereunder from 3,500,000 shares of common stock to 11,512,000 shares and (ii) add an evergreen provision to, on April 1st and October 1st of each year, automatically increase the maximum number

of shares of common stock available under the Plan to fifteen percent (15% ) of the Company's outstanding shares of common stock, in each case as of the last day of the immediately preceding month. On March 31, 2023, there were 96,950,555 outstanding shares of common stock, and accordingly on April 1, 2023, the total shares authorized for issuance under the Plan increased to 14,542,583.

As of June 30, 2023, after giving effect to the evergreen provision and the effectiveness of grants of equity awards that were conditioned on stockholder approval of the amendment to the Plan, there were 4,839,019 shares available and authorized for issuance under the Plan.

The following is a summary of stock option activity during the nine months ended June 30, 2023:


	Number of Option Shares			Weighted Average Exercise Price ($)
Balance, September 30, 2022		1,418,938			19.11
Options granted		73,500			3.19
Options expired		(44,600	)		6.05
Options canceled/forfeited		(140,503	)		12.55
Options exercised		—			—
Balance, June 30, 2023		1,307,335		$	19.37

As of June 30, 2023, there were options exercisable to purchase 901,028 shares of common stock in the Company and 406,307 unvested options outstanding that cannot be exercised until vesting conditions are met. As of June 30, 2023, the outstanding options have a weighted average remaining term of 3.53 years and an intrinsic value of $82.

For the nine months ended June 30, 2023, the Company also granted 73,500 options to purchase shares of common stock to employees with a total fair value of $186.

The Black-Scholes model utilized the following inputs to value the options granted during the nine months ended June 30, 2023:


Fair value assumptions Options:	June 30, 2023
Risk free interest rate	2.65% - 4.23%
Expected term (years)	5.50 - 5.85
Expected volatility	176.8% - 194.9%
Expected dividends		0	%

The Company recognized stock-based compensation expense relating to stock options of $1,485 and $1,676 for the three months ended June 30, 2023 and 2022 and $4,630 and $6,591 for the nine months ended June 30, 2023 and 2022. As of June 30, 2023, the Company expects to recognize $7,367 of stock-based compensation for the non-vested outstanding options over a weighted-average period of approximately one-year.

The following table summarizes the performance-based restricted stock units at the maximum award amounts based upon the respective performance share agreements. Actual shares that will vest depend on the attainment of the performance-based criteria.


	Number of Shares			Weighted Average Fair Value Per Share		Aggregate Intrinsic Value
Outstanding at September 30, 2022		5,448,548		$	4.93	$	17,326
Granted		420,552			2.37
Vested		(1,628,664	)		4.46
Cancelled		(40,000	)		-
Forfeited		(4,048	)		29.34
Outstanding at June 30, 2023		4,196,388		$	4.75	$	18,003

During the nine months ended June 30, 2023, the Company granted 420,552 RSUs, of which 360,552 are service period based and 60,000 were based on performance conditions. Included in these grants were 355,552 RSUs granted to members of the Board of Directors, which were granted for fiscal 2023 and were effectively granted upon shareholder approval of an increase in the number of shares available under the Company’s equity incentive plan in March 2023. The RSU awards to the Board of Directors vest quarterly over fiscal year 2023 and have a combined grant date fair value of $800. In June 2023, the Company amended the employment agreement of its General Counsel, SVP Compliance to exchange the outstanding 40,000 market based restricted shares for 30,000 performance based awards based on the Company reaching certain EH/s targets. The modification of the awards resulted in no incremental fair value.

The Company recognized stock-based compensation expense relating to restricted stock units of $4,462 and $3,537 for the three months ended June 30, 2023 and 2022 and $12,938 and $10,925 for the nine months ended June 30, 2023 and 2022. As of June 30, 2023, the Company had $13,790 in unrecognized compensation costs related to RSU awards that it expects to recognize over a weighted average period of 1.2 years.