Employee Stock Purchase Plan

12 Months Ended

Dec. 31, 2012

Employee Stock Purchase Plan

Employee Stock Purchase Plan

Note 24 - Employee Stock Purchase Plan

The Company’s stockholders authorized the 2011 Employee Stock Purchase Plan at the 2011 annual stockholders meeting.  The 2011 Plan has six-month offering periods during which employees set aside after-tax contributions from their paychecks to purchase shares of the Company’s common stock at a 15% discount to the closing market price on the first day of the offering period or the last day of the offering period, whichever is lower.  The Plan was scheduled to continue until June 30, 2013, or until the 300,000 shares allocated to the plan where exhausted, however, the Company terminated the plan effective July 1, 2012 because the registration statement for the shares issuable under the plan went stale when the Company was unable to file its quarterly report for the second quarter of 2012 due to the ongoing restatement process.

The Company issued 25,905 shares of its stock to participants in the Plan in January 2012 for contributions made during the first offering period which ended on December 31, 2011.  The Company received $80,000 for the shares sold during the first offering period.  It issued an additional 47,067 shares in July 2012 for contributions made during the second offering period, which ended on June 30, 2012.  It received a total of $91,000 for the shares received during the second offering period.

For accounting purposes, each employee participating in the Employee Stock Purchase Plan is considered to have received a series of options to purchase shares at a price equal to the closing price on the first day of the offering period, less 15%.  The employee is considered to have received options for the current and future offering periods under the plan.  The Company calculates the value of these options using a trinomial option pricing model and amortizes the values as share-based compensation expense over the term of option, which is considered to extend through the end of the related offering period.  The Company recognized $80,000 of share-based compensation expense during 2011 related to the Employee Stock Purchase Plan.  The Company recorded net share-based compensation expense during 2012 of ($19,000), as the previously recognized cost associated with future offering periods was reversed due to the early cancellation of the Plan.