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2019 Retention Plan
12 Months Ended
Dec. 31, 2019
2019 Retention Plan  
2019 Retention Plan

13. 2019 Retention Plan

 

In July 2019, the Company adopted a retention plan (the “2019 Retention Plan”) for all employees (with the exception of the Chairman and Chief Executive Officer) in order to induce such employees to remain employed by the Company through at least the PDUFA goal date of November 16, 2019.

 

Each employee who participates in the 2019 Retention Plan and remains continuously employed by the Company through the Approval shall be paid a lump-sum cash payment in an amount determined for each eligible employee by the Compensation Committee at the time of the adoption of the 2019 Retention Plan.  If an eligible employee terminates employment prior to the Approval for any reason, no such retention payment shall be made to the eligible employee.  The total amount of the cash portion of the 2019 Retention Plan is approximately $0.3 million.  Given that the PDUFA goal date was extended to February 16, 2020 and the ultimate uncertainty of the approval of Twirla, the Company has not recorded compensation expense related to these potential cash awards for the year ended December 31, 2019.

 

All employees (with the exception of the Chairman and Chief Executive Officer) who were employed by the Company as of July 3, 2019 were also granted a stock option to purchase the number of shares of common stock as approved by the Compensation Committee, with a per share exercise price of $1.48, representing the closing price of the Company’s common stock as reported by Nasdaq on the date of grant.  Each option will vest in two equal 50% installments on the following dates (i) July 3, 2020 and (ii) December 31, 2020.

 

In addition, the vesting for the annual stock option grant in January 2019 were amended for all employees holding such options who were employed on July 3, 2019 as follows:  50% of the option will vest on January 29, 2020, 25% on June 30, 2020 and the remaining 25% on December 31, 2020. The change in vesting schedule was approved by the Compensation Committee and did not have a material impact on the Company’s statement of operations.