Market for Registrant’s Common Equity, Related Stockholder Matters and Issuer Purchases of Equity Securities.
−Removed: Our common stock is listed on the NYSE American under the symbol “XXII.” As of December 31, 2020, there were 86 holders of record of shares of our common stock.
+Added: Our common stock is listed on the Nasdaq Capital Market under the symbol “XXII.” As of February 22, 2022, there were 84 holders of record of shares of our common stock.
Dividend Policy
5 unchanged sentences
Shares authorized for issuance under equity compensation plans
−Removed: On April 12, 2014, our stockholders approved the 22nd Century Group, Inc.
−Removed: 2014 Omnibus Incentive Plan (the “OIP”) and the authorization of 5,000,000 shares thereunder.
−Removed: On April 29, 2017, the stockholders approved an amendment to the OIP to increase the number of shares available for issuance by an additional 5,000,000 shares and on May 3, 2019, the stockholders approved an additional amendment to the OIP to increase the number of shares available for issuance by an additional 5,000,000 shares.
−Removed: The OIP allows for the granting of equity and cash incentive awards to eligible individuals over the life of the OIP.
−Removed: The OIP has a term of ten years and is administered by the Compensation Committee of our Board of Directors to determine the various types of incentive awards that may be granted to recipients under this plan and the number of shares of common stock to underlie each such award under the OIP.
−Removed: As of December 31, 2020, we had available 3,987,167 shares remaining for future awards under the OIP.
−Removed: 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 OIP and our prior 2010 Equity Incentive Plan, the weighted-average exercise price of such stock options, and the number of securities available to be issued under the OIP as of December 31, 2020:
+Added: On May 20, 2021, the stockholders of 22nd Century Group, Inc.
+Added: (the “Company”) approved the 22nd Century Group, Inc.
+Added: 2021 Omnibus Incentive Plan (the “Plan”).
+Added: The Plan allows for the granting of equity awards to eligible individuals over the life of the Plan, including the issuance of up to 5,000,000 shares of the Company’s common stock and any remaining shares under the Company’s 2014 Omnibus Incentive Plan pursuant to awards under the Plan.
+Added: The Plan has a term of ten years and is administered by the Compensation Committee of the Company’s Board of Directors to determine the various types of incentive awards that may be granted to recipients under the Plan and the number of shares of common stock to underlie each such award under the Plan.
+Added: As of December 31, 2021, we had available 7,526,630 shares remaining for future awards under the Plan.
+Added: 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 Plan and our prior 2010 and 2014 Equity Incentive Plans, 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, 2021:
Number of securities
13 unchanged sentences
Equity compensation plans not approved by security holders
−Removed: (1) Consists of shares available for award under the OIP.
−Removed: No future awards are available under the 2010 Equity Incentive Plan.
+Added: (1) Number of outstanding options are 5,171,105 and number of unvested restricted stock units are 3,164,866.
+Added: (2) Consists of shares available for award under the Plan.
Stock Performance Graph
−Removed: The following information in this Item of the Annual Report on Form 10-K is not deemed to be “soliciting material” or to be “filed” with the Securities and Exchange Commission or subject to Regulation 14A or 14C under the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or to the liabilities of Section 18 of the Exchange Act, and will not be deemed to be incorporated by reference to any filing under the Securities Act of 1933, as amended, or the Exchange Act, except to the extent that we specifically incorporate such information into such filing.
The performance graph shown below compares the cumulative total shareholder return on the Company’s common stock, based on the market price of the common stock, with the total return of the NYSE American Composite Index and the NASDAQ US Small Cap Biotechnology Index for the period covering December 31, 2016 through December 31, 2021.
1 unchanged sentence
The stock price performance shown on the graph is not necessarily indicative of future price performance.
−Removed: Selected Financial Data
−Removed: Not applicable for a smaller reporting company, as defined by Item 10(f)(1) of Regulation S-K.
+Added: The information in this Item 5 of the Annual Report on Form 10-K is not deemed to be “soliciting material” or to be “filed” with the Securities and Exchange Commission or subject to Regulation 14A or 14C under the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or to the liabilities of Section 18 of the Exchange Act, and will not be deemed to be incorporated by reference to any filing under the Securities Act of 1933, as amended, or the Exchange Act, except to the extent that we specifically incorporate such information into such filing.
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.