Quarterly report pursuant to Section 13 or 15(d)

Note I - Stock-based Compensation

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Note I - Stock-based Compensation
3 Months Ended
Dec. 28, 2019
Notes to Financial Statements  
Share-based Payment Arrangement [Text Block]
Note I—Stock-Based Compensation
 
On
February 4, 2015,
our shareholders re-approved the Delta Apparel, Inc.
2010
Stock Plan (
"2010
Stock Plan") that was originally approved by our shareholders on
November 11, 2010.
The re-approval of the
2010
Stock Plan, including the material terms of the performance goals included in the
2010
Stock Plan, enabled us to continue to grant equity incentive compensation awards that are structured in a manner intended to qualify as tax deductible, performance-based compensation under Section
162
(m) of the Internal Revenue Code of
1986,
as applicable.  Recently enacted tax legislation in
2017
changed several conclusions under Section
162
(m), including that there will
no
longer be a performance-based compensation exemption, and the Chief Financial Officer position is now included in the applicable calculation along with the next
three
highest-paid officers.  This reform impacted taxes related to fiscal years
2020
and
2019.
 
Since
November 2010,
no
additional awards have been or will be granted under either the Delta Apparel Stock Option Plan ("Option Plan") or the Delta Apparel Incentive Stock Award Plan ("Award Plan"); instead, all stock awards have been granted under the
2010
Stock Plan.
 
Shares are generally issued from treasury stock upon exercise of the options or the vesting of the restricted stock units, performance units or other awards under the
2010
Stock Plan.
 
Compensation expense is recorded on the SG&A expense line item in our Condensed Consolidated Statements of Operations over the vesting periods. During the
three
-month periods ended
December 28, 2019
, and
December 29, 2018
, we recognized
$0.9
million and
$0.6
million, respectively, in stock-based compensation expense.
 
2010
Stock Plan
 
Under the
2010
Stock Plan, the Compensation Committee of our Board of Directors has the authority to determine the employees and directors to whom awards
may
be granted and the size and type of each award and manner in which such awards will vest. The awards available under the plan consist of stock options, stock appreciation rights, restricted stock, restricted stock units, performance stock, performance units, and other stock and cash awards. The aggregate number of shares of common stock that
may
be delivered under the
2010
Stock Plan is
500,000
plus any shares of common stock subject to outstanding awards under the Option Plan or Award Plan that are subsequently forfeited or terminated for any reason before being exercised. The
2010
Stock Plan limits the number of shares that
may
be covered by awards to any participant in a given calendar year and also limits the aggregate awards of restricted stock, restricted stock units and performance stock granted in a given calendar year. If a participant dies or becomes disabled (as defined in the
2010
Stock Plan) while employed by the Company or serving as a director, all unvested awards become fully vested. The Compensation Committee is authorized to establish the terms and conditions of awards granted under the
2010
Stock Plan, to establish, amend and rescind any rules and regulations relating to the
2010
Stock Plan, and to make any other determinations that it deems necessary.
 
During the
three
-month period ended
December 28, 2019,
restricted stock units and performance units, each consisting of
60,000
shares of our common stock, were granted and are eligible to vest upon the filing of our Annual Report on Form
10
-K for the fiscal year ended
October 2, 2021.
One-half of the restricted stock units and
one
-half of the performance units are payable in common stock with the remainder payable in cash.
 
During the
three
-month period ended
December 28, 2019,
restricted stock units and performance units representing
54,750
and
78,106
shares of our common stock, respectively, vested upon the filing of our Annual Report on Form
10
-K for the fiscal year ended
September 28, 2019,
and were issued in accordance with their respective agreements. One-half of the restricted stock units were paid in common stock and
one
-half were paid in cash. Of the performance units,
59,213
were paid in common stock and
18,893
were paid in cash.
 
During the
three
-month period ended
December 29, 2018,
restricted stock units and performance units representing
205,000
and
42,000
shares of our common stock, respectively, vested upon the filing of our Annual Report on Form
10
-K for the fiscal year ended
September 29, 2018
, and were issued in accordance with their respective agreements. All vested awards were paid in common stock.
 
As of
December 28, 2019
, there was
$3.6
million of total unrecognized compensation cost related to unvested awards granted under the
2010
Stock Plan. This cost is expected to be recognized over a period of
1.9
years.