Quarterly report pursuant to Section 13 or 15(d)

Stock Incentive Plan

v2.4.0.6
Stock Incentive Plan
 9 Months Ended
Sep. 30, 2012
Disclosure of Compensation Related Costs, Share-based Payments [Abstract]  
Stock Incentive Plan
STOCK INCENTIVE PLAN
In 2000, the Company’s Board of Directors approved the Company’s 2000 Stock Incentive Plan (the “2000 Plan”) and between 2000 and 2010 authorized the Company to reserve a total of 28,500,000 shares of its then authorized common stock, par value $0.0001 per share ("Common Stock") for issuance under the 2000 Plan. The 2000 Plan provided for the issuance of restricted stock grants, incentive stock options and nonqualified stock options. The Company will grant no further stock options or restricted stock awards under the 2000 Plan.
The Company’s 2010 Stock Incentive Plan (the “2010 Plan"), which became effective upon the closing of the Company’s initial public offering, was adopted by the Company’s Board of Directors in May 2010 and approved by its stockholders in June 2010. The 2010 Plan provides for the grant of incentive stock options, non-statutory stock options, restricted stock awards and other stock-based awards. Upon its effectiveness, 10,000,000 shares of the Company’s Class A common stock were reserved for issuance under the 2010 Plan. As of September 30, 2012, the Company had granted options to purchase 964,144 shares of Class A common stock under the 2010 Plan.
Stock Option Grants 
The Company has granted stock options to certain employees and directors, including its principal and controlling stockholder, under the 2000 Plan. The Company will grant no further stock options or restricted stock awards under the 2000 Plan. The Company has also granted stock options to certain employees and directors under the 2010 Plan. At September 30, 2012, 9,039,574 shares were available for grant under the 2010 Plan. The following table summarizes the collective activity under the 2000 Plan and the 2010 Plan:
 
 
Number of Options
 
Weighted-Average Exercise Price
Outstanding at December 31, 2011
 
5,424,612

 
$
5.151

Granted
 
706,644

 
11.782

Exercised
 
(1,151,327
)
 
2.620

Forfeited
 
(36,968
)
 
5.681

Outstanding at September 30, 2012
 
4,942,961

 
$
6.684

Options exercisable at September 30, 2012
 
3,292,991

 
$
4.671

Expected to vest at September 30, 2012
 
1,602,873

 
$
10.809

Options exercisable at December 31, 2011
 
3,896,512

 
$
3.773


 
The weighted-average remaining contractual life of all options expected to vest at September 30, 2012 was 8.41 years. The total intrinsic value of options exercised during the nine months ended September 30, 2012 was $11,714,891.
The following table summarizes information about stock options outstanding at September 30, 2012: 
 
 
 
 
Outstanding Options
 
Exercisable Options
Related Plan
 
Exercise Price
 
Number Outstanding
 
Weighted-Average Remaining Contractual Life
 
Weighted-Average Exercise Price
 
Number Exercisable
 
Weighted-Average Exercise Price
2000 Plan
 
1.500

 
20,000

 
0.33
 
1.500

 
20,000

 
1.500

2000 Plan
 
1.750

 
110,999

 
0.78
 
1.750

 
110,999

 
1.750

2000 Plan
 
1.875

 
112,500

 
0.98
 
1.875

 
112,500

 
1.875

2000 Plan
 
2.750

 
454,231

 
1.76
 
2.750

 
448,231

 
2.750

2000 Plan
 
3.000

 
41,600

 
2.32
 
3.000

 
41,600

 
3.000

2000 Plan
 
3.250

 
603,904

 
3.44
 
3.250

 
603,904

 
3.250

2000 Plan
 
3.410

 
676,692

 
4.27
 
3.410

 
676,692

 
3.410

2000 Plan
 
4.220

 
383,109

 
4.90
 
4.220

 
356,609

 
4.220

2000 Plan
 
6.055

 
976,500

 
6.74
 
6.055

 
602,500

 
6.055

2010 Plan
 
10.750

 
76,995

 
9.67
 
10.750

 
—

 
10.750

2010 Plan
 
10.950

 
140,000

 
8.96
 
10.950

 
28,000

 
10.950

2010 Plan
 
11.630

 
155,093

 
9.71
 
11.630

 
—

 
11.630

2010 Plan
 
11.980

 
499,650

 
9.57
 
11.980

 
—

 
11.980

2000 Plan
 
13.045

 
603,000

 
7.57
 
13.045

 
271,350

 
13.045

2010 Plan
 
14.810

 
60,000

 
8.65
 
14.810

 
12,000

 
14.810

2010 Plan
 
16.290
 
28,688

 
8.32
 
16.290

 
8,606

 
16.290

 
 
 
 
4,942,961

 
 
 
 

 
3,292,991

 
 


 
During the nine months ended September 30, 2012, a total of 1,151,327 shares were issued upon the exercise of options under the 2000 Plan at an average price of $2.62 per share. Cash received from option exercises under all stock-based payment arrangements for the nine months ended September 30, 2012 was $3,016,256.
Under the 2000 Plan and the 2010 Plan, all options expire if not exercised within ten years after the grant date. Historically, options generally provided for vesting over five years, with 20% vesting on the first anniversary of the grant date and five percent vesting every three months thereafter. During 2011, the Company began awarding options generally providing for vesting over five years, with 20% vesting on each of the first five anniversaries of the grant date. If the employee ceases to be employed by the Company for any reason before vested options have been exercised, the employee has 90 days to exercise options that have vested as of the date of such employee's termination or they are forfeited. 
The Company uses the Black-Scholes option pricing model to determine the weighted-average fair value of options granted. The Company will recognize the compensation cost of stock-based awards on a straight-line basis over the vesting period of the award. 
The determination of the fair value of stock-based payment awards utilizing the Black-Scholes model is affected by the stock price and a number of assumptions, including expected volatility, expected life, risk-free interest rate and expected dividends. The following table sets forth the significant assumptions used in the model during 2011 and 2012:
 
 
 
Year Ended December 31,
 
Nine Months Ended September 30,
 
 
2011
 
2012
Future dividends
 
$ -
 
$ -
Risk-free interest rate
 
1.35%-2.58%
 
0.82%-1.25%
Expected volatility
 
32%-33%
 
32%
Expected life
 
6.0-6.5 years
 
6.5 years

 
The Company will continue to use judgment in evaluating the expected term, volatility and forfeiture rate related to the stock-based compensation on a prospective basis, and incorporating these factors into the Black-Scholes pricing model. Higher volatility and longer expected lives result in an increase to stock-based compensation expense determined at the date of grant. In addition, any changes in the estimated forfeiture rate can have a significant effect on reported stock-based compensation expense, as the cumulative effect of adjusting the rate for all expense amortization is recognized in the period that the forfeiture estimate is changed. If a revised forfeiture rate is higher than the previously estimated forfeiture rate, an adjustment is made that will result in a decrease to the stock-based compensation expense recognized in the accompanying condensed consolidated financial statements. If a revised forfeiture rate is lower than the previously estimated rate, an adjustment is made that will result in an increase to the stock-based compensation expense recognized in the accompanying condensed consolidated financial statements. These expenses will affect the direct expenses, salaries and benefits and project development costs expenses. 
For the three months ended September 30, 2011 and 2012, the Company recorded stock-based compensation expense of approximately $432,624 and $853,866, respectively, in connection with stock-based payment awards. For the nine months ended September 30, 2011 and 2012, the Company recorded stock-based compensation expense of approximately $2,027,200 and $2,527,926, respectively, in connection with stock-based payment awards. The compensation expense is allocated between direct expenses, salaries and benefits and project development costs in the accompanying condensed consolidated statements of income based on the salaries and work assignments of the employees holding the options. As of September 30, 2012, there was approximately $7,541,614 of unrecognized compensation expense related to non-vested stock option awards that is expected to be recognized over a weighted-average period of 3.36 years.