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NOTE 12: SHARE-BASED COMPENSATION
6 Months Ended
Jun. 30, 2011
Share-based Compensation, Option and Incentive Plans Policy [Policy Text Block]
NOTE 12: SHARE-BASED COMPENSATION

We have a share-based compensation plan, the “2003 Directors, Officers and Consultants Stock Option, Stock Warrant and Stock Award Plan” (the “Plan”). Share-based compensation is recognized as provided under the applicable authoritative guidance which requires all share-based payments to employees, including grants of employee stock options, to be recognized as compensation expense over the requisite service period (generally the vesting period) based on their fair values. The impact of forfeitures that may occur prior to vesting is also estimated and considered in the amount recognized. In addition, the realization of tax benefits in excess of amounts recognized for financial reporting purposes will be recognized as a financing activity. The options granted under the Plan have vesting periods that range from immediate vesting to vesting over five years, and the contract terms of the options granted are up to ten years. We expense all stock options on a straight-line basis, net of forfeitures, over the requisite expected service periods.  Under the Plan, the total number of options permitted is 15 percent of issued and outstanding common shares. Based on the shares of common stock outstanding at June 30, 2011, there were approximately 13 options available for grant under the Plan as of that date.

Summary of Shares of Non-Vested Stock (also commonly referred to as restricted stock)


On August 9, 2011, but effective for purposes of the six months ended June 30, 2011, we granted 8,000 shares of non-vested stock to management and certain key employees, par value $0.001 per share.  These certain shares were granted effective as of June 8, 2011 and had a fair value grant price of $0.09 per share based on the closing price of Deep Down’s common stock on that day; we are amortizing the related share-based compensation of $720 on a straight-line basis, net of a 50 percent estimated future forfeiture rate, over the three-year requisite service period. The restrictions on these shares of non-vested stock will lapse with respect to one-third of the shares on each of the first, second and third anniversaries of the effective date of grant, subject to certain conditions.  We are amortizing the related share-based compensation expense of all other previously granted shares of non-vested stock on a straight-line basis, net of a 0% forfeiture rate, based on management’s estimated future forfeiture rate for such shares.

On August 9, 2011, but effective for purposes of the six months ended June 30, 2011, 1,000 shares of non-vested stock, previously granted to an executive in May 2010, par value $0.001 per share, were forfeited due to the resignation of the executive. For the six months ended June 30, 2011 and 2010, we recognized a total of $45 and $111, respectively, of share-based compensation expense related to all outstanding shares of non-vested stock and this expense is included in Selling, general and administrative expenses on the accompanying Condensed Consolidated Statements of Operations.  The unamortized portion of the estimated fair value of non-vested stock was $766 at June 30, 2011.

Summary of Stock Options

During the six months ended June 30, 2011, we granted 8,000 stock options to management and certain key employees. These options were granted effective as of June 8, 2011 at a $0.09 per share exercise price based on the closing price of Deep Down’s common stock on that day, and also had a fair value per option of $0.06 on that date; we are amortizing the related share-based compensation of $469 on a straight-line basis, net of a 30 percent estimated future forfeiture rate, over the three-year requisite service period.  These options will vest with respect to one-third of the shares on each of the first, second and third anniversaries of the effective date of grant. The total share-based compensation expense recognized for stock options for the six months ended June 30, 2011 and 2010 was $114 and $342, respectively, and this expense is included in Selling, general and administrative expenses on the accompanying Condensed Consolidated Statements of Operations.  As of June 30, 2011, the unamortized portion of the estimated fair value of outstanding stock options was $904.