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STOCKHOLDERS’ EQUITY AND STOCK-BASED COMPENSATION

6 Months Ended

Jun. 25, 2022

Equity [Abstract]

STOCKHOLDERS’ EQUITY AND STOCK-BASED COMPENSATION

7. STOCKHOLDERS’ EQUITY AND STOCK-BASED COMPENSATION

Registered sale of equity securities

During the three months ended June 25, 2022, we sold 1.5 million shares of common stock and 0.2 million shares of treasury stock for gross proceeds of $2.1 million (average of $1.26 per share) before deducting broker expenses paid by us of less than $0.1 million, pursuant to the Company’s At-The-Market Equity Offering Sales Agreement dated as of March 5, 2021 (the” ATM Agreement”) with Stifel, Nicolaus & Company, Incorporated, (“Stifel”) as agent, under which we may sell up to $50 million of our common stock. The Company has approximately $41.4 million worth of common stock remaining available for sale under the ATM Agreement.

During the three and six months ended June 26, 2021, the Company sold 0.1 million and 2.5 million shares of common stock for gross proceeds of $0.8 million and $16.8 million (average of $6.74 per share), respectively, before deducting broker expenses paid by us of less than $0.1 million and $0.5 million, respectively, pursuant to the Company’s At-The-Market Equity Offering Sales Agreement dated as of February 8, 2019 (the “Previous ATM Agreement”) with Stifel as agent. The Previous ATM Agreement has since terminated pursuant to its terms as a result of the sale of all the shares subject to such agreement.

On June 28, 2021 (the first business day of our fiscal third quarter), we sold 0.6 million shares of common stock for gross proceeds of $4.8 million (average of $8.06 per share), before deducting broker expenses paid by us of less than $0.2 million, pursuant to the ATM Agreement.

Non-Vested Restricted Common Stock

The fair value of non-vested restricted common stock awards is generally the market value of the Company’s common stock on the date of grant. The non-vested restricted common stock awards require the employee to fulfill certain obligations, including remaining employed by the Company for one, two or four years (the vesting period) and in certain cases also require meeting either performance criteria or the Company’s stock achieving a certain price. For non-vested restricted common stock awards that solely require the recipient to remain employed with the Company, the stock compensation expense is amortized over the anticipated service period. For non-vested restricted common stock awards that require the achievement of performance criteria, the Company reviews the probability of achieving the performance goals on a periodic basis. If the Company determines that it is probable that the performance criteria will be achieved, the amount of compensation cost derived for the performance goal is amortized over the anticipated service period. If the performance criteria are not met, no compensation cost is recognized and any previously recognized compensation cost is reversed.

Restricted stock activity for the six months ended June 25, 2022 was as follows:

						Weighted Average
		Shares				Grant Fair Value
Balance, December 25, 2021			2,077,592			$	2.90
Granted			186,500				1.53
Forfeited			(234,948	)			2.61
Vested			(204,421	)			3.80
Balance, June 25, 2022			1,824,723			$	2.70

Stock-Based Compensation

The following table summarizes stock-based compensation expense within each of the categories below as it relates to non-vested restricted common stock awards for the three and six months ended June 25, 2022 and June 26, 2021 (no tax benefits were recognized):


		Three Months Ended				Three Months Ended				Six Months Ended				Six Months Ended
		June 25, 2022				June 26, 2021				June 25, 2022				June 26, 2021
Cost of product revenues		$	11,713			$	34,789			$	78,381			$	168,573
Research and development			108,347				121,012				255,726				215,065
Selling, general and administrative			296,973				358,708				738,999				2,741,037
Total		$	417,033			$	514,509			$	1,073,106			$	3,124,675

Unrecognized compensation expense for non-vested restricted common stock as of June 25, 2022 totaled $3.0 million and is expected to be recognized over a weighted average period of approximately 3.0 years.