NOTE

16—STOCK

-BASED COMPENSATION

November

2009,

the Company’s Board of Directors approved the Company’s

2009

Equity Incentive Plan (the

“2009

Plan”) which became effective on the same day. Effective

May

14,

2013,

the

2009

Plan was amended to increase the number of shares subject to the Plan. As a result, a total of

4,133,133

shares of common stock are reserved for issuance under the

2009

Plan. The

2009

Plan is administered by the Board of Directors or any committee designated by the Board of Directors, which has the authority to designate participants and determine the number and type of awards to be granted, the time at which awards are exercisable, the method of payment and any other terms or conditions of the awards. The

2009

Plan provides for the grant of stock options, including incentive stock options and nonqualified stock options, collectively, “options,” stock appreciation rights, shares of restricted stock, or “restricted stock,” rights to dividend equivalents and other stock-based awards, collectively, the “awards.” The Board of Directors or the committee will, with regard to each award, determine the terms and conditions of the award, including the number of shares subject to the award, the vesting terms of the award, and the purchase price for the award. Awards

may

be made in assumption of or in substitution for outstanding awards previously granted by the Company or its affiliates, or a company acquired by the Company or with which it combines. Options outstanding generally vest over a

three

four

-year period and expire

ten

years from date of grant.

The following table summarizes the Company’s stock-based compensation awards under the

2009

Plan during

2018

and

2017:

Date	Award Type	Fair Value	Shares	Recipient
4 th Quarter 2018	Restricted Stock	$0.31	50,808	Board of Directors
3 rd Quarter 2018	Restricted Stock	$0.25	63,000	Board of Directors
2 nd Quarter 2018	Restricted Stock	$0.29	54,308	Board of Directors
1 st Quarter 2018	Restricted Stock	$0.24	65,624	Board of Directors
4 th Quarter 2017	Restricted Stock	$0.28	385,716	Board of Directors
4 th Quarter 2017	Restricted Stock	$0.20	78,752	Board of Directors
3 rd Quarter 2017	Restricted Stock	$0.20	72,045	Board of Directors
2 nd Quarter 2017	Restricted Stock	$0.21	70,450	Board of Directors
2 nd Quarter 2017	Restricted Stock	$0.21	55,833	Board of Directors
1 st Quarter 2017	Restricted Stock	$0.20	91,356	Board of Directors
1 st Quarter 2017	Restricted Stock	$0.15	210,000	Board of Directors

There were

317,323

shares available for grant under the

2009

Plan as of

December

31,

2018.

The following table summarizes the stock option activity under the Company’s

2009

Plan for the

two

years ended

December

31,

2018:

	Options Outstanding
	Number of Shares		Weighted- Average Exercise Price		Weighted- Average Remaining Contractual Term (in years)		Weighted- Average Grant-Date Fair Value		Aggregate Intrinsic Value(1)
Balance at January 1, 2017		1,121,332	$	1.52		—	$	0.99	$	(1,364	)
Options granted		—	$	—		—	$	—	$	—
Exercised		—	$	—		—	$	—	$	—
Cancelled/forfeited		—		—		—	$	—	$	—
Balance at December 31, 2017		1,121,332	$	1.52		—	$	0.99	$	(1,364	)
Options granted		—	$	—		—	$	—	$	—
Exercised		—	$	—		—	$	—	$	—
Cancelled/forfeited		—	$	—		—	$	—	$	—
Balance at December 31, 2018		1,121,332	$	1.52		6.10	$	0.99	$	(1,364	)
Vested and exercisable as of December 31, 2018		1,121,332	$	1.52		6.10	$	0.99	$	(1,364	)
Vested and exercisable as of December 31, 2018 and expected to vest thereafter		1,121,332	$	1.52		6.10	$	0.99	$	(1,364	)

____________________

(

)

The aggregate intrinsic value for

December 31, 2018

and

December 31, 2017

is calculated as the difference between the exercise price of the underlying awards and the closing stock price of

$0.30

of the Company’s common stock on

December 31, 2018.

As of

December

31,

2018,

there was

of unrecognized compensation cost related to outstanding stock option awards. The Company did

not

receive any proceeds related to the exercise of stock options for the year ended

December 31, 2018.

The following table summarizes the restricted shares activity for the

two

years ended

December

31,

2018:

	Unvested Restricted Shares
	Number of Shares			Weighted-Average Grant-Date Fair Value
Unvested at January 1, 2017		568,420		$	—
Granted		964,152		$	—
Vested		(862,646	)	$	—
Cancelled		(284,210	)	$	—
Unvested at December 31, 2017		385,716		$	—
Granted		233,740		$	—
Vested		(619,456	)	$	—
Unvested at December 31, 2018		—		$	—
Expected to vest after December 31, 2018		—		$	—

Stock-based compensation expense was included in the following consolidated statements of comprehensive loss categories:

	Years Ended December 31,
	2018		2017
Selling, general and administrative expense	$	177	$	506
Total stock-based compensation expense	$	177	$	506