Note

Stock

-Based Compensation

Our

2006

Omnibus Incentive Plan, as amended (the "Incentive Plan") governs the issuance of equity awards and other incentive compensation to management and members of the board of directors. On

May 8, 2019,

the stockholders, upon recommendation of the board of directors, approved the First Amendment (the “First Amendment”) to the Third Amended and Restated Incentive Plan. The First Amendment (i) increases the number of shares of Class A common stock available for issuance under the Incentive Plan by an additional

750,000

shares, (ii) implements additional changes designed to comply with certain shareholder advisory group guidelines and best practices, (iii) makes technical updates related to Section

162

(m) of the Internal Revenue Code in light of the

2017

Tax Cuts and Jobs Act, (iv) re-sets the term of the Incentive Plan to expire with respect to the ability to grant new awards on

March 31, 2029,

and (v) makes such other miscellaneous, administrative and conforming changes as were necessary.

The Incentive Plan permits annual awards of shares of our Class A common stock to executives, other key employees, consultants, non-employee directors, and eligible participants under various types of options, restricted stock awards, or other equity instruments. As of

June 30, 2019,

there were

780,747

remaining of the

2,300,000

shares available for award under the Incentive Plan.

participant in the Incentive Plan

may

receive awards of any type of equity instruments in any calendar year that relates to more than

200,000

shares of our Class A common stock.

awards

may

be made under the Incentive Plan after

March 31, 2023.

To the extent available, we have issued treasury stock to satisfy all share-based incentive plans.

Included in salaries, wages, and related expenses within the condensed consolidated statements of operations is the reversal of

$1.8

million and the recognition of approximately

$0.9

million stock-based compensation expense for the

three

months ended

June 30, 2019

and

2018,

respectively and the reversal of

$0.5

million and recognition of

$1.8

million for the

six

months ended

June 30, 2019

and

2018,

respectively. All stock compensation expense recorded in

2019

and

2018

relates to restricted shares, as

unvested options were outstanding during these periods. An additional

$0.4

million of stock-based compensation was recorded in general supplies and expenses in the condensed consolidated statements of operations for each of the

three

- and

six

-month periods ended

June 30, 2019

and

2018,

respectively, as this amount relates to the issuance of restricted stock to non-employee directors.

The Incentive Plan allows participants to pay the federal and state minimum statutory tax withholding requirements related to awards that vest or allows participants to deliver to us shares of Class A common stock having a fair market value equal to the minimum amount of such required withholding taxes. To satisfy withholding requirements for shares that vested through

June 30, 2019,

certain participants elected to forfeit receipt of an aggregate of

29,390

shares of Class A common stock at a weighted average per share price of

$22.71

based on the closing price of our Class A common stock on the dates the shares vested in

2019,

in lieu of the federal and state minimum statutory tax withholding requirements. We remitted

$0.7

million to the proper taxing authorities in satisfaction of the employees' minimum statutory withholding requirements.