2021 Restatement and Other Corrections of Previously Issued Consolidated Financial Statements | (2) 2021 Restatement and Other Corrections of Previously Issued Consolidated Financial Statements Management identified the following misstatements that required restatement of our previously issued 2021 financial statements as follows: a. A D&O tail policy of $1.9 million should not have been recorded as an asset at the time of the Obalon merger. This resulted in an increase to goodwill of $1.9 million at the time of the merger and an increase to the subsequent impairment of goodwill at December 31, 2021. Additionally, the amortization of this asset resulted in an overstatement of general and administrative expenses of approximately $0.2 million, for the year ended December 31, 2021 that is now reversed. b. The Company identified certain valuation-related errors in the determination of grant date fair values related to stock options issued during the third quarter of 2021. This resulted in a reduction of stock based compensation expenses of $0.5 million and a corresponding reduction to additional paid in capital for the year ended December 31, 2021. c. The Company did not appropriately establish a reserve for uncertain tax positions and did not appropriately record deferred tax valuation allowances to assets written off during the year ended December 31, 2021 and the corresponding $0.2 million tax benefit. d. The Company recorded legal accruals for potential loss contingencies of approximately $0.2 million for the year ended December 31, 2021. e. As previously identified, the Company had an error in the computation of the weighted average shares used to compute basic and diluted net loss per share, refer to the statement of operations tables below. The following tables summarize the effects of the restatements on each financial statement line item as of the dates and for the periods indicated. The share and per share information has been adjusted for the reverse stock splits, for further details see Note 4 below. The effects of the restatement are incorporated within Notes 2, 3, 6, 8, 9, 12, 16 and 17. Consolidated Balance Sheet as of December 31, 2021 As Previously Reported Adjustments As Restated Prepaid expenses and other current assets $ 1,622 $ (317) $ 1,305 Total current assets 30,255 (317) 29,938 Other assets 1,456 (1,410) 46 Total assets 54,258 (1,727) 52,531 Accrued and other liabilities 3,169 199 3,368 Total current liabilities 7,331 199 7,530 Deferred income taxes 555 (188) 367 Total liabilities 8,186 11 8,197 Additional paid-in capital 622,924 (525) 622,399 Accumulated deficit (576,760) (1,213) (577,973) Total stockholders’ equity 46,072 (1,738) 44,334 Total liabilities and stockholders’ equity 54,258 (1,727) 52,531 Consolidated Statement of Operations for the year ended December 31, 2021 Year Ended December 31, 2021 As Previously Stated Adjustments As Restated Sales and marketing $ 9,165 $ (272) $ 8,893 General and administrative 24,410 (91) 24,319 Research and development 2,522 (153) 2,369 Loss on impairment of intangible asset and goodwill 28,752 1,897 30,649 Total operating expenses 64,849 1,381 66,230 Operating loss (56,501) (1,381) (57,882) Loss before income tax provision (62,039) (1,381) (63,420) Income tax benefit (106) (168) (274) Net loss (61,933) (1,213) (63,146) Net loss per share - basic and diluted: Net loss per share - basic and diluted $ (250.16) $ (38.81) $ (288.97) Shares used to compute basic and diluted net loss per share 247,571 (29,049) 218,522 Consolidated Statement of Other Comprehensive Income for the year ended December 31, 2021 Year Ended December 31, 2021 As Previously Stated Adjustments As Restated Net loss $ (61,933) $ (1,213) $ (63,146) Comprehensive loss (61,904) (1,213) (63,117) Consolidated Statement of Stockholders’ Equity for the year ended December 31, 2021 APIC Accumulated Deficit Total Equity As Previously As Previously As Previously Stated Adjustments As Restated Stated Adjustments As Restated Stated Adjustments As Restated Balance December 31, 2020 $ 529,435 $ — $ 529,435 $ (514,827) $ — $ (514,827) $ 14,488 $ — $ 14,488 Net loss — — — (61,933) (1,213) (63,146) (61,933) (1,213) (63,146) Stock-based compensation expense, net 12,752 (525) 12,227 — — — 12,752 (525) 12,227 Balance December 31, 2021 622,924 (525) 622,399 (576,760) (1,213) (577,973) 46,072 (1,738) 44,334 Consolidated Statement of Cash Flow for the year ended December 31, 2021 Year Ended December 31, 2021 As Previously Reported Adjustment As Restated Cash flows from operating activities: Net loss $ (61,933) $ (1,213) $ (63,146) Loss on impairment of intangible assets and goodwill 28,752 1,897 30,649 Stock-based compensation 12,752 (525) 12,227 Deferred income tax benefit (60) (188) (248) Prepaid expenses and other current assets (393) 317 (76) Accounts payable and accrued liabilities (1,480) 200 (1,280) Other 488 (488) — Restatement of Previously Issued Condensed Consolidated Financial Statements (Unaudited) As a result of the misstatements noted above, we have restated our previously reported unaudited consolidated balance sheets as of June 30, 2021 and September 30, 2021. We have also restated the unaudited consolidated statement of operations for the three months ended March 31, 2021, the three and six months ended June 30, 2021, and the three and nine months ended September 30, 2021, and the unaudited statement of cash flow for the three and six months ended June 30, 2021 and the nine months ended September 30, 2021. The following tables present the impact of the restatements, to the applicable line items in the unaudited consolidated balance sheets, unaudited consolidated statement of operations, and unaudited statements of cash flow to the Company’s previously reported consolidated financial statements for the above mentioned periods. Condensed Consolidated Balance Sheet as of June 30, 2021 June 30, 2021 As Previously Reported Adjustments As Restated Prepaid expenses and other current assets $ 1,371 $ (302) $ 1,069 Total current assets 65,605 (302) 65,303 Goodwill 21,623 1,897 23,520 Other assets 1,628 (1,582) 46 Total assets 120,000 13 120,013 Accumulated deficit (523,603) 13 (523,590) Total stockholders’ equity 58,119 13 58,132 Total liabilities and stockholders’ equity 120,000 13 120,013 Condensed Consolidated Balance Sheet as of September 30, 2021 September 30, 2021 As Previously Reported Adjustments As Restated Prepaid expenses and other current assets $ 1,633 $ (316) $ 1,317 Total current assets 37,589 (316) 37,273 Goodwill 21,053 1,897 22,950 Other assets 1,535 (1,489) 46 Total assets 90,698 92 90,790 Additional paid-in capital 620,611 (486) 620,125 Accumulated deficit (541,302) 578 (540,724) Total stockholders’ equity 79,220 92 79,312 Total liabilities and stockholders’ equity 90,698 92 90,790 Condensed Consolidated Statement of Operations for the three months ended March 31, 2021 As Previously Reported Adjustment As Revised Net loss per share - basic and diluted $ (62.04) $ 0.16 $ (61.88) Shares used to compute basic and diluted net loss per share 78,560 203 78,763 Condensed Consolidated Statement of Operations for the three and six months ended June 30, 2021 Three Months Ended June 30, 2021 Six Months Ended June 30, 2021 As Previously As Previously Stated Adjustments As Restated Stated Adjustments As Restated General and administrative $ 4,311 $ (13) $ 4,298 $ 7,031 $ (13) $ 7,018 Total operating expenses 5,855 (13) 5,842 10,396 (13) 10,383 Operating loss (3,702) 13 (3,689) (5,960) 13 (5,947) Loss before income tax provision (3,874) 13 (3,861) (8,723) 13 (8,710) Net loss (3,902) 13 (3,889) (8,776) 13 (8,763) Net loss per share - basic and diluted: Net loss per share - basic and diluted $ (23.72) $ (18.98) $ (42.70) $ (55.34) $ (47.85) $ (103.19) Shares used to compute basic and diluted net loss per share 164,523 (73,443) 91,080 158,575 (73,654) 84,921 Condensed Consolidated Statement of Operations for the three and nine months ended September 30, 2021 Three Months Ended September 30, 2021 Nine Months Ended September 30, 2021 As Previously As Previously Stated Adjustments As Restated Stated Adjustments As Restated Sales and marketing $ 3,496 $ (250) $ 3,246 $ 6,186 $ (249) $ 5,937 General and administrative 12,052 (169) 11,883 19,085 (183) 18,902 Research and development 1,571 (146) 1,425 2,245 (146) 2,099 Total operating expenses 17,119 (565) 16,554 27,516 (578) 26,938 Operating loss (14,984) 565 (14,419) (20,944) 578 (20,366) Loss before income tax provision (17,729) 565 (17,164) (26,452) 578 (25,874) Net loss (17,699) 565 (17,134) (26,475) 578 (25,897) Net loss per share - basic and diluted: Net loss per share - basic and diluted $ (73.76) $ 23.63 $ (50.13) $ (125.43) $ (24.88) $ (150.31) Shares used to compute basic and diluted net loss per share 239,948 101,820 341,768 210,934 (38,646) 172,288 Condensed Consolidated Statement of Other Comprehensive Loss for the three and six months ended June 30, 2021 Three Months Ended June 30, 2021 Six Months Ended June 30, 2021 As Previously As Previously Stated Adjustments As Restated Stated Adjustments As Restated Net loss $ (3,902) $ 13 $ (3,889) $ (8,776) $ 13 $ (8,763) Comprehensive loss (3,909) 13 (3,896) (8,764) 13 (8,751) Condensed Consolidated Statement of Other Comprehensive Loss for the three and nine months ended September 30, 2021 Three Months Ended September 30, 2021 Nine Months Ended September 30, 2021 As Previously As Previously Stated Adjustments As Restated Stated Adjustments As Restated Net loss $ (17,699) $ 565 $ (17,134) $ (26,475) $ 578 $ (25,897) Comprehensive loss (17,697) 565 (17,132) (26,461) 578 (25,883) Condensed Consolidated Statement of Stockholders’ Equity for the three months ended June 30, 2021 Additional Paid-In Capital Accumulated Deficit Total Equity As Previously As Previously As Previously Stated Adjustments As Restated Stated Adjustments As Restated Stated Adjustments As Restated Balance March 31, 2021 $ 532,504 $ — $ 532,504 $ (519,701) $ — $ (519,701) $ 12,708 $ — $ 12,708 Net loss — — — (3,902) 13 (3,889) (3,902) 13 (3,889) Balance June 30, 2021 581,823 — 581,823 (523,603) 13 (523,590) 58,119 13 58,132 Condensed Consolidated Statement of Stockholders’ Equity for the six months ended June 30, 2021 Additional Paid-In Capital Accumulated Deficit Total Equity As Previously As Previously As Previously Stated Adjustments As Restated Stated Adjustments As Restated Stated Adjustments As Restated Balance December 31, 2020 $ 529,435 $ — $ 529,435 $ (514,827) $ — $ (514,827) $ 14,488 $ — $ 14,488 Net loss — — — (8,776) 13 (8,763) (8,776) 13 (8,763) Balance June 30, 2021 581,823 — 581,823 (523,603) 13 (523,590) 58,119 13 58,132 Condensed Consolidated Statement of Stockholders’ Equity for the three months ended September 30, 2021 Additional Paid-In Capital Accumulated Deficit Total Equity As Previously As Previously As Previously Stated Adjustments As Restated Stated Adjustments As Restated Stated Adjustments As Restated Balance June 30, 2021 $ 581,823 $ — $ 581,823 $ (523,603) $ 13 $ (523,590) $ 58,119 $ 13 $ 58,132 Net loss — — — (17,699) 565 (17,134) (17,699) 565 (17,134) Stock-based compensation expense, net 10,720 (486) 10,234 — — — 10,720 (486) 10,234 Balance September 30, 2021 620,611 (486) 620,125 (541,302) 578 (540,724) 79,220 92 79,312 Condensed Consolidated Statement of Stockholders’ Equity for the nine months ended September 30, 2021 Additional Paid-In Capital Accumulated Deficit Total Equity As Previously As Previously As Previously Stated Adjustments As Restated Stated Adjustments As Restated Stated Adjustments As Restated Balance December 31, 2020 $ 529,435 $ — $ 529,435 $ (514,827) $ — $ (514,827) $ 14,488 $ — $ 14,488 Net loss — — — (26,475) 578 (25,897) (26,475) 578 (25,897) Stock-based compensation expense, net 10,457 (486) 9,971 — — — 10,457 (486) 9,971 Balance September 30, 2021 620,611 (486) 620,125 (541,302) 578 (540,724) 79,220 92 79,312 Condensed Consolidated Statement of Cash Flow for the six months ended June 30, 2021 Six Months Ended June 30, 2021 As Previously Reported Adjustment As Restated Cash flows from operating activities: Net loss $ (8,776) $ 13 $ (8,763) Prepaid expenses and other current assets (267) 303 36 Other 316 (316) — Condensed Consolidated Statement of Cash Flow for the nine months ended September 30, 2021 Nine Months Ended September 30, 2021 As Previously Reported Adjustment As Restated Cash flows from operating activities: Net loss $ (26,475) $ 578 $ (25,897) Stock-based compensation 10,457 (486) 9,971 Prepaid expenses and other current assets (399) 316 (83) Other 408 (408) — |