Share-based Compensation and Non-Qualified Deferred Compensation Plan

9 Months Ended

Sep. 30, 2019

Share-based Payment Arrangement, Noncash Expense [Abstract]

Share-based Compensation and Non-Qualified Deferred Compensation Plan

11. Share-Based Compensation and Non-Qualified Deferred Compensation Plan

Incentive Compensation. We currently maintain the 2018 Share Incentive Plan (the “2018 Share Plan”) and the 2011 Share Incentive Plan (the “2011 Share Plan”), although no new awards may be granted under the 2011 Plan. Each of these plans were approved by our shareholders. The shares available for awards under the 2018 Share Plan are, subject to certain other limits under the plan, generally available for any type of award authorized under the 2018 Share Plan including stock options, stock appreciation rights, restricted stock awards, stock bonuses and other stock-based awards. Persons eligible to receive awards under the 2018 Share Plan include our and our subsidiaries' officers and employees, Trust Managers, and certain of our and our subsidiaries' consultants and advisors. A total of 9.7 million shares (“Share Limit”) was authorized under the 2018 Share Plan. Shares issued or to be issued are counted against the Share Limit as (1) 3.45 to 1.0 for every share award, excluding stock options and share appreciation rights, granted, and (2) 1.0 to 1.0 for every share of stock option or share appreciation right granted. As of September 30, 2019, there were approximately 7.5 million common shares available under the 2018 Share Plan, which would result in approximately 2.2 million shares which could be granted pursuant to full value awards conversion ratios as defined under the plan.

Total compensation cost for share awards charged against income was approximately $4.0 million and $4.4 million for the three months ended September 30, 2019 and 2018, respectively, and approximately $13.3 million and $13.2 million for the nine months ended September 30, 2019 and 2018, respectively. Total capitalized compensation costs for option and share awards were approximately $0.8 million and $0.7 million for the three months ended September 30, 2019 and 2018, respectively, and approximately $2.6 million and $2.4 million for the nine months ended September 30, 2019 and 2018, respectively.

A summary of activity under our share incentive plans for the nine months ended September 30, 2019 is shown below:

	Nonvested Share Awards Outstanding		Weighted Average Exercise /  Grant Price
Nonvested share awards outstanding at December 31, 2018	390,681		$	79.82
Granted	198,896		98.78
Vested	(308,514	)	82.65
Forfeited	(14,651	)	85.83
Total nonvested share awards outstanding at September 30, 2019	266,412		$	90.37

Options. Stock options have a contractual life of ten years and vest over periods up to five years. Expense for stock options is based on grant date fair value and recognized on a straight-line method over the vesting period. There were no options outstanding as of September 30, 2019 or December 31, 2018.

Share Awards and Vesting. Share awards for employees generally vest over three years and are valued at the market value of the shares on the grant date. In the event the holder of the share awards attains at least age 65, and with respect to employees, also attain at least ten or more years of service ("Retirement Eligibility") before the term in which the awards are scheduled to vest, the value of the share awards is amortized from the date of grant to the individual's Retirement Eligibility date.

At September 30, 2019 and 2018, the weighted average fair value of share awards granted was $98.78 and $82.77, respectively. The total fair value of shares vested during the nine months ended September 30, 2019 and 2018 was approximately $25.5 million and $24.0 million, respectively. At September 30, 2019, the unamortized value of previously issued unvested share awards was approximately $16.6 million which is expected to be amortized over the next two years.

Non-Qualified Deferred Compensation. Balances within temporary equity in our consolidated balance sheets related to fully vested awards and the proportionate share of nonvested awards of participants within our Non-Qualified Deferred Compensation Plan who were permitted to diversify their shares into other equity securities subject to a six-month holding period. In December 2018, the plan was amended and restated and effective January 1, 2019 participants in the plan were no longer able to diversify their common shares; accordingly, the fully vested share awards and the proportionate share of nonvested share awards previously eligible for diversification were reclassified on the effective date from temporary equity into additional paid-in capital in our consolidated balance sheet.