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. On October 7, 2020, the Company executed a first amendment to the Plan to increase its share pool from 300,000 to 1,500,000 shares of common stock.

Effective September 15, 2021, following approval by our stockholders, the Plan was amended to (i) increase the number of shares of common stock authorized for issuance under the Plan by an additional 2,000,000 shares, resulting in an aggregate of 3,500,000 shares of common stock authorized for issuance under the Plan, and (ii) revise Section 19 of the Plan to more closely align with the provisions of Section 422 of the Internal Revenue Code of 1986, as amended, and Section 17.2 of the Plan.

As of December 31, 2021, there were 211,725 shares available for issuance under the Plan.

The Plan allows the Company to grant incentive stock options, non-qualified stock options, stock appreciation rights, common stock, units of common stock, restricted stock, performance shares and performance units. Other than incentive stock options that are granted to participants who owns more than 10% of the total combined voting power of all classes of the stock of the Company or of its parent or subsidiary corporations (a “Ten Percent Stockholder”),

stock options are exercisable for up to ten years, at an option price per share not less than the fair market value on the date the option is granted. The incentive stock options are limited to persons who are regular full-time employees of the Company or Ten Percent Stockholders at the date of the grant of the option. Non-qualified stock options and the other types of awards issuable under the Plan may be granted to any person, including, but not limited to, employees, independent agents, consultants and attorneys, who the Company’s Compensation Committee believes have contributed, or will contribute, to the success of the Company. The option vesting schedule for options granted is determined by the Compensation Committee at the time of the grant. The Plan provides for accelerated vesting of unvested options if there is a change in control, as defined in the Plan.

As of December 31, 2021, no non-qualified options were granted pursuant to the Plan.

The Company recognized $5,749,107 and $932,040 for the three months ended December 31, 2021 and December 31, 2020, respectively, in stock-based compensation under the stock-based incentive compensation plan.

The following is a summary of stock option activity during the three months ended December 31, 2021:


	Number of Option Shares			Weighted Average Exercise Price ($)
Balance, September 30, 2021		1,547,029			18.35
Options granted		64,000			20.48
Options expired		(487	)		35.05
Options canceled		(60,494	)		19.51
Options exercised		(52,061	)		5.41
Balance, December 31, 2021		1,497,987		18.98

As of December 31, 2021, there are options exercisable to purchase 616,052 shares of common stock in the Company and 915,885 unvested options outstanding that cannot be exercised until vesting conditions are met. As of December 31, 2021, the outstanding options have a weighted average remaining term of 1.74 years and an intrinsic value of $682,294.

During the three months ended December 31, 2021, a total of 52,061 shares of the Company’s common stock were issued in connection with the exercise of 52,061 common stock options at exercise prices ranging from $3.63 to $8.07, for a total consideration of $281,616. The Company also granted 64,000 options with a total fair value of $1,291,616 to purchase shares of common stock to employees.

The Black-Scholes model utilized the following inputs to value the options granted during the three months ended December 31, 2021:


Fair value assumptions Options:	December 31, 2021
Risk free interest rate		1.04	%
Expected term (years)		5.50
Expected volatility		407	%
Expected dividends		0	%

As of December 31, 2021, the Company expects to recognize $14,873,047 of stock-based compensation for the non-vested outstanding options over a weighted-average period of 2.19 years.

The Company grants RSUs that contain (a) service conditions, (b) performance conditions, or (c) market performance conditions. RSUs containing service conditions vest monthly or annually. RSUs containing performance conditions generally vest over 1 year, and the number of shares earned depends on the achievement of predetermined Company metrics.

When the criteria for vesting is met, the Company recognizes the expense equal to the total fair value of the common stock price on the grant date. All of the RSUs issued prior to September 30, 2021 were either vested or forfeited and cancelled.

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, 2021		10,995		$	27.73	$	127,432
Granted		1,100,250			14.70		10,474,380
Vested		(22,635	)		23.44		624,283
Forfeited		(20,750	)		20.48		197,540
Outstanding at December 31, 2021		1,067,860		$	14.56	$	10,127,922

During the three months ended December 31, 2021, the Company granted 870,000 RSUs that will vest based on market conditions. 60,000 of these RSUs do not have a stated service period, and therefore, is given a derived service period of 5 years. The remaining 810,000 RSUs have a stated service period of 1 year. The fair value of the market based RSUs are determined using the Monte Carlo simulation and is in the following range: $11.03 - $17.89 per unit. The risk free rate, volatility, expected term, and cost of equity of these market based RSUs are as follows: 0.14-1.26%, 111.37-172.18%, 1-5 years, and 20.00-21.00%.

As of December 31, 2021, the Company had $12,196,920 unrecognized compensation cost related to RSU awards that will be recognized over a weighted average period of 1.01 years.