v3.22.2.2
Share-Based Payment Arrangements
9 Months Ended
Sep. 30, 2022
Share-Based Payment Arrangement [Abstract]  
Share-Based Payment Arrangements

(7) Share-Based Payment Arrangements

 

On June 22, 2018, the Company's stockholders adopted the FalconStor Software, Inc. 2018 Incentive Stock Plan (the "2018 Plan"). The 2018 Plan is administered by the Compensation Committee (the “Compensation Committee”) of the Company’s Board of Directors (the “Board”) and initially provided for the issuance of up to 1,471,997 shares of the Company's common stock upon the grant of shares with such restrictions as determined by the Compensation Committee to the employees and directors of, and consultants providing services to, the Company or its affiliates. In June 2021, the Company's stockholders approved an amendment to increase the number of shares of our common stock authorized and reserved for issuance under the 2018 Plan by 220,800 shares to a total of 1,692,797 shares. Exercise prices of the options are determined by the Compensation Committee, subject to the consent of Hale Capital. The vesting terms are performance based and determined by the Compensation Committee, subject to the consent of Hale Capital, based on various factors, including (i) the return of capital to the holders of the Series A Preferred Stock and the Company’s common stock in the event of a change of control, (ii) the repayment of the Company’s obligations under its senior secured debt, and (iii) the Company’s free cash flow.

 

The following table summarizes the 2018 Plan, which was the only plan under which the Company was able to grant equity compensation as of September 30, 2022:

 

 

Shares

 

 

Shares Available

 

 

Shares

 

Name of Plan

 

Authorized

 

 

for Grant

 

 

Outstanding

 

FalconStor Software, Inc. 2018 Incentive Stock Plan

 

 

1,692,797

 

 

 

241,899

 

 

 

1,316,933

 

 

The following table summarizes the Company’s equity plans that have terminated or expired but that still have equity awards outstanding as of September 30, 2022:

Name of Plan

 

Shares Available for Grant

 

 

Shares Outstanding

 

 

 

 

 

 

 

 

FalconStor Software, Inc., 2016 Incentive Stock Plan

 

 

 

 

 

2,250

 

FalconStor Software, Inc., 2006 Incentive Stock Plan

 

 

 

 

 

2,715

 

 

A summary of the Company’s restricted stock activity for the nine months ended September 30, 2022 is below. Such restricted stock did not bestow any voting or dispositive power and is not deemed outstanding until they vest.

 

 

Number of
Restricted Stock
Awards

 

Non-Vested at January 1, 2022

 

 

1,513,380

 

Granted

 

 

113,230

 

Vested

 

 

(37,365

)

Forfeited

 

 

(272,312

)

Non-Vested at September 30, 2022

 

 

1,316,933

 

 

 

The following table summarizes the share-based compensation expense for all awards issued under the Company’s stock equity plans in the following line items in the condensed consolidated statements of operations for the three and nine months ended September 30, 2022 and 2021:

 

 

 

Three Months Ended September 30,

 

 

Nine Months Ended September 30,

 

 

 

2022

 

 

2021

 

 

2022

 

 

2021

 

Cost of revenue - Product

 

$

46

 

 

$

232

 

 

$

438

 

 

$

688

 

Cost of revenue - support and service

 

 

82

 

 

 

185

 

 

 

410

 

 

 

549

 

Research and development costs

 

 

1,830

 

 

 

167

 

 

 

5,609

 

 

 

167

 

Selling and marketing

 

 

3,598

 

 

 

2,915

 

 

 

17,632

 

 

 

8,475

 

General and administrative

 

 

2,429

 

 

 

1,417

 

 

 

11,182

 

 

 

4,205

 

 

 

$

7,985

 

 

$

4,916

 

 

$

35,271

 

 

$

14,084