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Equity and Share Based Payments
9 Months Ended
Sep. 30, 2018
Equity and Share Based Payments  
Equity and Share Based Payments

Note 12.—Equity and Share Based Payments

Redeemable Preferred Stock

At December 31, 2017, the Company had outstanding $51.8 million liquidation preference of Series B and Series C Preferred Stock. The holders of each series of Preferred Stock, which are non‑voting and redeemable at the option of the Company, retain the right to a $25.00 per share liquidation preference in the event of a liquidation of the Company and the right to receive dividends on the Preferred Stock if any such dividends are declared.

As disclosed previously within Note 11.—Commitments and Contingencies, on July 16, 2018, the court entered its Judgement Order and Memorandum Opinion on the matter entitled Timm, v. Impac Mortgage Holdings, Inc., a purported class action purportedly on behalf of holders of the Company’s 9.375% Series B Cumulative Redeemable Preferred Stock (Preferred B) and 9.125% Series C Cumulative Redeemable Preferred Stock (Preferred C).  The judgment declared (among other items disclosed in Note 11) that two-thirds of the Preferred B holders were required to approve the 2009 amendments to the Preferred B Articles Supplementary, which was not obtained, rendering the 2009 amendments to the Preferred B Articles Supplementary invalid and leaving the 2004 Preferred B Articles Supplementary in effect.  As a result of the Judgement Order, all rights of the Preferred B holders under the 2004 Articles are deemed reinstated. Subject to an appeal, the Company has cumulative undeclared dividends in arrears of approximately $14.0 million, or approximately $21.09 per outstanding share of Preferred B, increasing the liquidation value to approximately $46.09 per share. Additionally, every quarter the cumulative undeclared dividends in arrears will increase by $0.5859 per share, or approximately $390 thousand.  The liquidation preference, inclusive of the cumulative undeclared dividends in arrears, is only payable upon voluntary or involuntary liquidation, dissolution or winding up of the Company’s affairs. 

Share Based Payments

 

The following table summarizes activity, pricing and other information for the Company’s stock options for the nine months ended September 30, 2018:

 

 

 

 

 

 

 

 

 

 

Weighted-

 

 

 

 

Average

 

 

Number of

 

Exercise

 

 

Shares

 

Price

Options outstanding at December 31, 2017

    

1,582,754

    

$

13.61

Options granted

 

90,000

 

 

9.52

Options exercised

 

(97,910)

 

 

4.44

Options forfeited/cancelled

 

(370,431)

 

 

15.84

Options outstanding at September 30, 2018

 

1,204,413

 

 

13.68

Options exercisable at September 30, 2018

 

939,915

 

$

13.62

 

As of September 30, 2018, there was approximately $1.2 million of total unrecognized compensation cost related to stock option compensation arrangements granted under the plan, net of estimated forfeitures. That cost is expected to be recognized over the remaining weighted average period of 1.9 years.

The following table summarizes activity, pricing and other information for the Company’s deferred stock units (DSU’s), also referred to as deferred stock units as the issuance of the stock is deferred until termination of service, for the nine months ended    September 30, 2018:

 

 

 

 

 

 

 

 

 

 

Weighted-

 

 

 

 

Average

 

 

Number of

 

Grant Date

 

 

Shares

 

Fair Value

DSU's outstanding at December 31, 2017

    

100,750

    

$

10.41

DSU’s granted

 

 —

 

 

 —

DSU’s issued

 

(62,917)

 

 

9.63

DSU’s forfeited/cancelled

 

(13,333)

 

 

14.64

DSU’s outstanding at September 30, 2018

 

24,500

 

$

10.11

 

As of September 30, 2018, there was approximately $44 thousand of total unrecognized compensation cost related to the DSU compensation arrangements granted under the plan. That cost is expected to be recognized over a weighted average period of 1.92 years.