Restatement of Previously Issued Financial Statements | Restatement of Previously Issued Financial Statements As further described below, as well as in Note 2 - Basis of Presentation, the Company identified several prior period misstatements that impacted its unaudited quarterly condensed consolidated financial statements for the three and nine months ended September 30, 2023. Such restated and unaudited quarterly financial data and the related impacted amounts were presented in the Company's Annual Report on Form 10-K for the year ended December 31, 2023. As part of the restatement, the Company recorded adjustments to correct the material misstatements related to accounting for embedded leases and other immaterial errors. The following tables present the restated unaudited Condensed Consolidated Financial Information for the three and nine months ended September 30, 2023. Consolidated Statements of Operations and Comprehensive Loss For the three months ended September 30, 2023 As Previously Reported Adjustments to Embedded Leases Other Adjustments As Restated Revenue: Product revenue, net $ 12,281 $ — $ — $ 12,281 Other revenue 111 — — 111 Total revenues 12,392 — — 12,392 Cost of product revenue 10,955 (1,829) — 9,126 Gross margin 1,437 1,829 — 3,266 Operating expenses: Selling, general and administrative 40,703 68 — 40,771 Research and development 45,463 14,757 (1,719) 58,501 Total operating expenses 86,166 14,825 (1,719) 99,272 Loss from operations (84,729) (12,996) 1,719 (96,006) Interest income 2,454 — — 2,454 Interest expense — (4,311) — (4,311) Other income, net 10,544 168 (81) 10,631 Loss before income taxes (71,731) (17,139) 1,638 (87,232) Income tax (expense) benefit — — — — Net loss (71,731) (17,139) 1,638 (87,232) Net loss per share - basic (1) $ (0.66) $ (0.16) $ 0.02 $ (0.80) Net loss per share - diluted (1) $ (0.66) $ (0.16) $ 0.02 $ (0.80) Weighted-average number of common shares used in computing net loss per share - basic: 109,098 — — 109,098 Weighted-average number of common shares used in computing net loss per share - diluted: 109,098 — — 109,098 Other comprehensive income (loss): Other comprehensive income (loss), net of tax (benefit) expense of $0.0 million for the three months ended September 30, 2023 137 — — 137 Total other comprehensive income (loss) 137 — — 137 Comprehensive loss $ (71,594) $ (17,139) $ 1,638 $ (87,095) (1) Due to differences in rounding to the nearest cent per basic or diluted share, totals may not equal the sum of the line items. For the nine months ended September 30, 2023 As Previously Reported Adjustments to Embedded Leases Other Adjustments As Restated Revenue: Product revenue, net $ 21,414 $ — $ — $ 21,414 Other revenue 249 — — 249 Total revenues 21,663 — — 21,663 Cost of product revenue 23,895 (2,560) — 21,335 Gross margin (2,232) 2,560 — 328 Operating expenses: Selling, general and administrative 118,406 294 — 118,700 Research and development 133,881 52 (2,397) 131,536 Total operating expenses 252,287 346 (2,397) 250,236 Gain from sale of priority review voucher, net 92,930 — — 92,930 Loss from operations (161,589) 2,214 2,397 (156,978) Interest income 7,961 — — 7,961 Interest expense (3) (12,328) — (12,331) Other income, net 30,152 106 (81) 30,177 Loss before income taxes (123,479) (10,008) 2,316 (131,171) Income tax (expense) benefit 80 — — 80 Net loss (123,399) (10,008) 2,316 (131,091) Net loss per share - basic $ (1.15) $ (0.09) $ 0.02 $ (1.23) Net loss per share - diluted $ (1.15) $ (0.09) $ 0.02 $ (1.23) Weighted-average number of common shares used in computing net loss per share - basic: 106,924 — — 106,924 Weighted-average number of common shares used in computing net loss per share - diluted: 106,924 — — 106,924 Other comprehensive income (loss): Other comprehensive income (loss), net of tax (benefit) expense of $0.0 million for the nine months ended September 30, 2023 1,843 — — 1,843 Total other comprehensive income (loss) 1,843 — — 1,843 Comprehensive loss $ (121,556) $ (10,008) $ 2,316 $ (129,248) (1) Due to differences in rounding to the nearest cent per basic or diluted share, totals may not equal the sum of the line items. Statements of Changes in Stockholders' Equity: Common stock Additional Accumulated other comprehensive income (loss) Accumulated Total Shares Amount As Previously Reported Balances at December 31, 2022 82,923 $ 830 $ 4,186,086 $ (4,070) $ (3,986,503) $ 196,343 Vesting of restricted stock 382 3 (198) — — (195) Exercise of stock options 3 — 7 — — 7 Purchase of shares under ESPP 62 1 226 — — 227 Issuance of common stock for private equity placement 23,000 230 130,061 — — 130,291 Stock-based compensation — — 5,843 — — 5,843 Other comprehensive income (loss) — — — 984 — 984 Net income (loss) — — — — 21,240 21,240 Balances at March 31, 2023 106,370 $ 1,064 $ 4,322,025 $ (3,086) $ (3,965,263) $ 354,740 Adjustments to Embedded Leases Balances at December 31, 2022 $ — $ — $ — $ — $ (59,700) $ (59,700) Vesting of restricted stock — — — — — — Exercise of stock options — — — — — — Purchase of shares under ESPP — — — — — — Issuance of common stock for private equity placement — — — — — — Stock-based compensation — — — — — — Other comprehensive income (loss) — — — — — — Net income (loss) — — — — (2,351) (2,351) Balances at March 31, 2023 — $ — $ — $ — $ (62,051) $ (62,051) Other Adjustments Balances at December 31, 2022 — — (98) — (2,212) (2,310) Vesting of restricted stock — — — — — — Exercise of stock options — — — — — — Purchase of shares under ESPP — — — — — — Issuance of common stock for private equity placement — — — — — — Stock-based compensation — — — — — — Other comprehensive income (loss) — — — — — — Net income (loss) — — — — 41 41 Balances at March 31, 2023 — $ — $ (98) $ — $ (2,171) $ (2,269) As Restated Balances at December 31, 2022 82,923 830 4,185,988 (4,070) (4,048,415) 134,333 Vesting of restricted stock 382 3 (198) — — (195) Exercise of stock options 3 — 7 — — 7 Purchase of shares under ESPP 62 1 226 — — 227 Issuance of common stock for private equity placement 23,000 230 130,061 — — 130,291 Stock-based compensation — — 5,843 — — 5,843 Other comprehensive income (loss) — — — 984 — 984 Net income (loss) — — — — 18,930 18,930 Balances at March 31, 2023 106,370 $ 1,064 $ 4,321,927 $ (3,086) $ (4,029,485) $ 290,420 Common stock Additional Accumulated Accumulated Total Shares Amount As Previously Reported Balances at March 31, 2023 106,370 $ 1,064 $ 4,322,025 $ (3,086) $ (3,965,263) $ 354,740 Vesting of restricted stock 65 1 (1) — — — Exercise of stock options 19 — 77 — — 77 Purchase of shares under ESPP — — — — — — Issuance of common stock for private equity placement — — — — — — Stock-based compensation — — 6,388 — — 6,388 Other comprehensive income (loss) — — — 722 — 722 Net income (loss) — — — — (72,908) (72,908) Balances at June 30, 2023 106,454 $ 1,065 $ 4,328,489 $ (2,364) $ (4,038,171) $ 289,019 Adjustments to Embedded Leases Balances at March 31, 2023 $ — $ — $ — $ — $ (62,051) $ (62,051) Vesting of restricted stock — — — — — — Exercise of stock options — — — — — — Purchase of shares under ESPP — — — — — — Issuance of common stock for private equity placement — — — — — — Stock-based compensation — — — — — — Other comprehensive income (loss) — — — — — — Net income (loss) — — — — 9,482 9,482 Balances at June 30, 2023 — $ — $ — $ — $ (52,569) $ (52,569) Other Adjustments Balances at March 31, 2023 — — (98) — (2,171) (2,269) Vesting of restricted stock — — — — — — Exercise of stock options — — — — — — Purchase of shares under ESPP — — — — — — Issuance of common stock for private equity placement — — — — — — Stock-based compensation — — — — — — Other comprehensive income (loss) — — — — — — Net income (loss) — — — — 637 637 Balances at June 30, 2023 — $ — $ (98) $ — $ (1,534) $ (1,632) As Restated Balances at March 31, 2023 106,370 1,064 4,321,927 (3,086) (4,029,485) 290,420 Vesting of restricted stock 65 1 (1) — — — Exercise of stock options 19 — 77 — — 77 Purchase of shares under ESPP — — — — — — Issuance of common stock for private equity placement — — — — — — Stock-based compensation — — 6,388 — — 6,388 Other comprehensive income (loss) — — — 722 — 722 Net income (loss) — — — — (62,789) (62,789) Balances at June 30, 2023 106,454 $ 1,065 $ 4,328,391 $ (2,364) $ (4,092,274) $ 234,818 Common stock Additional Accumulated Accumulated Total Shares Amount As previously reported Balances at June 30, 2023 106,454 $ 1,065 $ 4,328,489 $ (2,364) $ (4,038,171) $ 289,019 Vesting of restricted stock 566 6 (6) — — — Exercise of stock options 2 — 8 — — 8 Issuance of common stock — — (50) — — (50) Stock-based compensation expense — — 5,153 — — 5,153 Other comprehensive income (loss) — — — 137 — 137 Net income (loss) — — — — (71,731) (71,731) Balances at September 30, 2023 107,022 107,022 $ 1,071 $ 4,333,594 $ (2,227) $ (4,109,902) $ 222,536 Balances at Adjustments to Leases Balances at June 30, 2023 — — — — (52,569) (52,569) Vesting of restricted stock — — — — — — Exercise of stock options — — — — — — Issuance of common stock — — — — — — Stock-based compensation expense — — — — — — Other comprehensive income (loss) — — — — — — Net income (loss) — — — — (17,139) (17,139) Balances at September 30, 2023 — $ — $ — $ — $ (69,708) $ (69,708) Balances at Other Adjustments Balances at June 30, 2023 — — (98) — (1,534) (1,632) Vesting of restricted stock — — — — — — Exercise of stock options — — — — — — Issuance of common stock — — — — — — Stock-based compensation expense — — — — — — Other comprehensive income (loss) — — — — — — Net income (loss) — — — — 1,638 1,638 Balances at September 30, 2023 — $ — $ (98) $ — $ 104 $ 6 Balances at As Restated Balances at June 30, 2023 106,454 1,065 4,328,391 (2,364) (4,092,274) 234,818 Vesting of restricted stock 566 6 (6) — — — Exercise of stock options 2 — 8 — — 8 Issuance of common stock — — (50) — — (50) Stock-based compensation expense — — 5,153 — — 5,153 Other comprehensive income (loss) — — — 137 — 137 Net income (loss) — — — — (87,232) (87,232) Balances at September 30, 2023 107,022 $ 1,071 $ 4,333,496 $ (2,227) $ (4,179,506) $ 152,834 Consolidated Statement of Cash Flows For the nine months ended September 30, 2023 As Previously Reported Adjustments to Leases Other Adjustments As Restated Cash flows from operating activities: Net loss $ (123,399) $ (10,008) $ 2,316 $ (131,091) Adjustments to reconcile net loss to net cash used in operating activities: Depreciation and amortization 3,124 16,648 (112) 19,660 Stock-based compensation expense 16,013 — — 16,013 Noncash research and development expense (finance lease) — 22,223 — 22,223 Noncash operating lease expense — 23,965 — 23,965 Gain from sale of priority review voucher (92,930) — — (92,930) Excess inventory reserve 5,333 1,554 2,315 9,202 Other non-cash items 19 — 81 100 (Gain) loss on foreign currency exchange rates — (1,062) — (1,062) Changes in operating assets and liabilities: Accounts receivable (23,000) — 8,400 (14,600) Prepaid expenses and other assets (523) 2,640 — 2,117 Inventory (24,931) 1,651 (2,917) (26,197) Operating right of use assets 40,101 (40,101) — — Accounts payable (5,787) 7,183 316 1,712 Accrued expenses and other liabilities 7,125 583 (1,999) 5,709 Accrued interest payable under finance lease — 3,203 — 3,203 Operating lease liabilities (30,506) 11,820 — (18,686) Deferred revenue 8,152 — (8,400) (248) Net cash (used in) provided by operating activities (221,209) 40,299 — (180,910) Cash flows from investing activities: Purchase of property, plant and equipment (2,975) — — (2,975) Purchases of marketable securities (43,297) — — (43,297) Proceeds from maturities of marketable securities 99,521 — — 99,521 Proceeds from sales of marketable securities 5,853 — — 5,853 Purchase of intangible assets (868) — — (868) Proceeds from sale of priority review voucher 92,930 — — 92,930 Net cash provided by investing activities 151,164 — — 151,164 Cash flows from financing activities: Proceeds from exercise of stock options and ESPP contributions 93 — — 93 Proceeds from vesting of restricted stock (196) — — (196) Principal payments on finance lease — (40,299) — (40,299) Proceeds from the secondary public offering, net of issuance costs 130,072 — — 130,072 Net cash (used in) provided by financing activities 129,969 (40,299) — 89,670 Increase in cash, cash equivalents and restricted cash 59,924 — — 59,924 Cash, cash equivalents and restricted cash at beginning of year 158,445 — — 158,445 Cash, cash equivalents and restricted cash at end of year $ 218,369 $ — $ — $ 218,369 Reconciliation of cash, cash equivalents and restricted cash: Cash and cash equivalents $ 165,347 $ — $ — $ 165,347 Restricted cash included in receivables and other current assets 8,885 — — 8,885 Restricted cash included in restricted cash and other non-current assets 44,137 — — 44,137 Total cash, cash equivalents and restricted cash $ 218,369 $ — $ — $ 218,369 Supplemental cash flow disclosures: Right-of-use assets obtained in exchange for operating lease liabilities 44,819 (45,527) — (708) Purchases of property, plant and equipment included in accounts 941 — — 941 Offering expenses included in accounts payable and accrued expenses 248 — — 248 Right-of-use assets obtained in exchange for finance lease liabilities — 21,508 — 21,508 Increase (reduction) of right of use asset and associated operating lease liability due to lease reassessment 8,003 (8,003) — — Cash paid during the period for income taxes 5 — — 5 |