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STOCKHOLDERS’ EQUITY AND STOCK-BASED COMPENSATION

9 Months Ended

Sep. 30, 2023

Equity [Abstract]

STOCKHOLDERS’ EQUITY AND STOCK-BASED COMPENSATION

8. STOCKHOLDERS’ EQUITY AND STOCK-BASED COMPENSATION

Registered sale of equity securities

On January 27, 2023, the Company sold 17,000,000 shares of common stock and pre-funded warrants to purchase up to 6,000,000 shares of common stock at a public offering price of $0.99 per pre-funded warrant, for gross proceeds of $22.9 million before deducting underwriting discounts and offering expenses paid by the Company of $1.5 million. The offering price of the pre-funded warrant equals the public offering price per share of the common stock less the $0.01 per share exercise price of each pre-funded warrant.

During the three months ended June 25, 2022, the Company 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, 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.

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 performance criteria. 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.

The Company granted 3,296,051 and 996,500 restricted stock units to its employees, executives and the Board of Directors in the nine months ended September 30, 2023 and September 24, 2022, respectively. 1,416,294 shares of the 3,296,051 shares are time-based and will vest on average over three equal annual installments. 1,879,757 shares of the 3,296,051 shares will vest upon the successful achievement of certain fiscal year 2023 milestones. The fair value of the restricted stock units was based on the fair market value of the Company’s stock on the date of grant. The time-based shares are expensed over the service period and the milestone-based shares are expensed based upon the probability of achievement.

Restricted stock activity for the nine months ended September 30, 2023 was as follows:

						Weighted Average
		Shares				Grant Fair Value
Balance, December 31, 2022			1,965,901			$	2.22
Granted			3,296,051				1.59
Forfeited			(800,842	)			2.83
Vested			(512,693	)			1.55
Balance, September 30, 2023			3,948,417			$	1.66

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 nine months ended September 30, 2023 and September 24, 2022 (no tax benefits were recognized):

		Three Months Ended				Three Months Ended				Nine Months Ended				Nine Months Ended
		September 30, 2023				September 24, 2022				September 30, 2023				September 24, 2022
Cost of product revenues		$	311,455			$	41,373			$	764,996			$	119,754
Research and development			214,320				111,928				553,488				367,654
Selling, general and administrative			432,560				144,247				1,025,298				883,246
Total		$	958,335			$	297,548			$	2,343,782			$	1,370,654

Unrecognized compensation expense for non-vested restricted common stock as of September 30, 2023 totaled $6.6 million and is expected to be recognized over a weighted average period of approximately three years.