22nd Century Group, Inc. 10-K

Item 5. Market for Registrant’s Common Equity, Related Stockholder Matters and Issuer Purchases of Equity Securities. Our common stock is listed on the Nasdaq Capital Market under the symbol “XXII.” As of March 23, 2026, there were approximately 136 holders of record of our common stock based on the records of our transfer agent. However, because many of our shares of common stock are held by brokers and other institutions on behalf of shareholders, we believe there are considerably more beneficial holders of our common stock than record holders. 25 Dividend Policy We have not previously and do not plan to declare or pay any dividends on our common stock. Our current policy is to retain all funds and any earnings for use in the operation, debt reduction and expansion of our business. Payment of future dividends, if any, will be at the discretion of our board of directors after taking into account various factors, including current financial condition, operating results and current and anticipated cash needs. Issuer Purchases of Equity Securities None. Shares authorized for issuance under equity compensation plans The following table summarizes the number of shares of common stock to be issued upon exercise of outstanding options and vesting of restricted stock units under the amended and restated 22nd Century Group, Inc. 2021 Omnibus Incentive Plan (the “Plan”), the weighted-average exercise price of such stock options, and the number of securities available to be issued under the Plan as of December 31, 2025: ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Number of securities ​ ​ ​ ​ ​ ​ ​ remaining available for ​ ​ Number of securities to ​ ​ ​ ​ issuance under equity ​ ​ be issued upon exercise ​ ​ Weighted average ​ compensation plans ​ ​ of outstanding options, ​ ​ exercise price of ​ (excluding securities ​ ​ and restricted stock units ​ ​ outstanding options ​ reflected in column (a)) ​ ​ (a) ​ ​ (b) ​ (c) Equity compensation plans approved by security holders 97,307 (1) ​ $ 31.12 3,772,848 ​ Equity compensation plans not approved by security holders — ​ ​ N/A — ​ Total 97,307 ​ ​ — 3,772,848 (2) ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ (1) Consists of 72,973 stock options and 24,334 restricted stock units. ​ ​ ​ ​ ​ ​ ​ ​ ​ (2) Consists of shares available for award under the Plan ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ ​ Item 6. [Reserved] ​