Error Correction [Text Block] | C. Restatement of Previously Issued Consolidated Financial Statements In connection with the preparation of the Company's consolidated financial statements as of and for the fiscal year ended December 31, 2023, not December 31, 2022. The misstatements were material to the previously issued financial statements of the Company and as a result, the Company has restated its consolidated balance sheet, consolidated statement of operations, consolidated statement of stockholder's equity, and consolidated statement of cash flows as of and for the fiscal year ended December 31, 2022, not December 31, 2022. December 31, 2022, not As of December 31, 2022 CORRECTED CONSOLIDATED BALANCE SHEET As previously reported Impact of Adjustments As Restated Prepaid expenses and other current assets $ 1,877 $ (189 ) $ 1,688 Total current assets 93,023 (189 ) 92,834 Total assets 115,529 (189 ) 115,340 Other current liabilities 422 297 719 Total current liabilities 11,726 297 12,023 Derivative and warrant liability 1 10,201 10,202 Total liabilities 29,722 10,498 40,220 Additional paid-in capital 401,799 34,470 436,269 Accumulated deficit (308,572 ) (45,157 ) (353,729 ) Total stockholder's equity 85,807 (10,687 ) 75,120 Total liabilities and stockholder's equity 115,529 (189) 115,340 For the Year Ended December 31, 2022 CORRECTED CONSOLIDATED STATEMENT OF OPERATIONS As previously reported Impact of Adjustments As Restated Revenue, net $ 10,458 $ (297 ) $ 10,161 Operating expenses: Cost of revenue 343 (121 ) 222 Research and development 19,614 189 19,803 Selling, general and administrative 15,343 (305 ) 15,038 Total operating expenses 52,963 (237 ) 52,726 Loss from operations (42,505 ) (60 ) (42,565 ) Fair value adjustment related to derivative and warrant liability 328 14,831 15,159 Interest and other income, net 760 753 1,513 Total other income 176 15,584 15,760 Loss before income taxes (42,329 ) 15,524 (26,805 ) Income tax (expense) benefit 786 (753 ) 33 Net loss $ (41,543 ) $ 14,771 $ (26,772 ) Basic and diluted net loss per share of common stock: Net loss $ (1.20 ) $ 0.42 $ (0.78 ) For the Year Ended December 31, 2022 CORRECTED CONSOLIDATED STATEMENT OF CASH FLOWS As previously reported Impact of Adjustments As Restated Cash flows from operating activities: Net (loss) income $ (41,543 ) $ 14,771 $ (26,772 ) Adjustments to reconcile net loss to net cash used in operating activities: Change in fair value of derivative and warrant liability (328 ) (14,831 ) (15,159 ) Change in assets and liabilities: Prepaid expenses and other current assets (657 ) (237 ) (894 ) Other liabilities (371 ) 297 (74 ) Additional Paid-In Capital Accumulated Deficit CORRECTED STATEMENT OF STOCKHOLDERS' EQUITY As previously reported Impact of Adjustments As Restated As previously reported Impact of Adjustments As Restated Balance at December 31, 2021 $ 396,957 $ 34,470 $ 431,427 $ (267,029 ) $ (59,928 ) $ (326,957 ) Net loss — — — (41,543 ) 14,771 (26,772 ) Balance at December 31, 2022 401,799 34,470 436,269 (308,572 ) (45,157 ) (353,729 ) All referenced amounts for prior periods in these financial statements and the notes herein reflect the balances and amounts on a restated basis. Restatement of Interim Financial Information (Unaudited) Due to the misstatements described above, the Company has restated its unaudited condensed consolidated balance sheets, condensed consolidated statements of stockholder's equity, condensed consolidated statements of operations, and condensed consolidated statement of cash flows for the quarterly periods ended March 31, 2022, June 30, 2022, September 30, 2022, March 31, 2023, June 30, 2023, September 30, 2023. not March 31, 2023 March 31, 2022 Corrected Condensed Consolidated Balance Sheets (UNAUDITED) As previously reported Impact of Adjustments As Restated As previously reported Impact of Adjustments As Restated Assets Current assets: Cash and cash equivalents $ 40,181 $ — $ 40,181 $ 100,242 $ — $ 100,242 Securities at fair value 34,403 — 34,403 — — — Short-term investments - other 20,700 — 20,700 1,338 — 1,338 Accounts and other receivables 7,822 — 7,822 3,320 — 3,320 Prepaid expenses and other current assets 1,174 — 1,174 880 (426 ) 454 Total current assets 104,280 — 104,280 105,780 (426 ) 105,354 Inventories 620 — 620 — — — Property and equipment, net 744 — 744 835 — 835 Operating lease right-of-use assets 898 — 898 1,090 — 1,090 Long-term investments - other — — — 17,564 — 17,564 Other long-term assets 53 — 53 437 — 437 Total assets $ 106,595 $ — $ 106,595 $ 125,706 $ (426 ) $ 125,280 Liabilities and stockholders' equity Current liabilities: Accounts payable and accrued expenses $ 10,098 $ 393 $ 10,491 $ 2,582 $ — $ 2,582 Current portion of operating lease liabilities 470 — 470 356 — 356 Current portion of discount and rebate liabilities 4,746 — 4,746 — — — Other current liabilities 302 — 302 7 — 7 Total current liabilities 15,616 393 16,009 2,945 — 2,945 Line of credit payable 12,914 — 12,914 — — — Derivative and warrant liability 3 11,744 11,747 89 12,682 12,771 Operating lease liabilities, less current portion 736 — 736 1,144 — 1,144 Discount and rebate liabilities, less current portion 5,764 — 5,764 — — — Other long-term liabilities 158 — 158 29 — 29 Total liabilities 35,191 12,137 47,328 4,207 12,682 16,889 Commitments and contingencies (Note D) Stockholders’ equity: Preferred stock: Undesignated preferred stock, $ 0.0001 10,000,000 no — — — — — — Common stock, $ 0.0001 250,000,000 35,457,496 33,881,804 35,450,257 34,540,304 3 — 3 3 — 3 Additional paid-in capital 402,786 34,470 437,256 397,925 34,470 432,395 Treasury stock, at cost (10,983 ) — (10,983 ) (7,536 ) — (7,536 ) Accumulated deficit (320,339 ) (46,607 ) (366,946 ) (268,893 ) (47,578 ) (316,471 ) Accumulated other comprehensive (loss) income (63 ) — (63 ) — — — Total stockholders' equity 71,404 (12,137 ) 59,267 121,499 (13,108 ) 108,391 Total liabilities and stockholders' equity $ 106,595 $ — $ 106,595 $ 125,706 $ (426 ) $ 125,280 June 30, 2023 June 30, 2022 Corrected Condensed Consolidated Balance Sheets (UNAUDITED) As previously reported Impact of Adjustments As Restated As previously reported Impact of Adjustments As Restated Assets Current assets: Cash and cash equivalents $ 66,196 $ — $ 66,196 $ 76,779 $ — $ 76,779 Securities at fair value 20,696 — 20,696 — — — Short-term investments - other 479 — 479 4,199 — 4,199 Accounts and other receivables 14,033 — 14,033 2,820 — 2,820 Prepaid expenses and other current assets 2,023 — 2,023 3,637 (426 ) 3,211 Total current assets 103,427 — 103,427 87,435 (426 ) 87,009 Inventories 546 — 546 779 — 779 Property and equipment, net 689 — 689 904 — 904 Operating lease right-of-use assets 803 — 803 1,165 — 1,165 Long-term investments - other — — — 33,535 — 33,535 Other long-term assets 53 — 53 440 — 440 Total assets $ 105,518 $ — $ 105,518 $ 124,258 $ (426 ) $ 123,832 Liabilities and stockholders' equity Current liabilities: Accounts payable and accrued expenses $ 10,510 $ — $ 10,510 $ 3,600 $ — $ 3,600 Current portion of capital lease obligation — — — 469 — 469 Current portion of operating lease liabilities 456 — 456 — — — Current portion of discount and rebate liabilities 6,965 — 6,965 1,796 — 1,796 Other current liabilities 321 — 321 1,294 48 1,342 Total current liabilities 18,252 — 18,252 7,159 48 7,207 Line of credit payable 12,709 — 12,709 12,800 — 12,800 Derivative and warrant liability — 9,624 9,624 57 10,562 10,619 Operating lease liabilities, less current portion 627 — 627 1,082 — 1,082 Discount and rebate liabilities, less current portion 5,114 — 5,114 3,900 — 3,900 Other long-term liabilities 319 — 319 27 — 27 Total liabilities 37,021 9,624 46,645 25,025 10,610 35,635 Commitments and contingencies (Note D) Stockholders’ equity: Preferred stock: Undesignated preferred stock, $ 0.0001 10,000,000 no — — — — — — Common stock, $ 0.0001 250,000,000 35,503,697 33,928,005 35,450,257 34,540,304 3 — 3 3 — 3 Additional paid-in capital 405,127 34,470 439,597 399,701 34,470 434,171 Treasury stock, at cost (10,983 ) — (10,983 ) (7,536 ) — (7,536 ) Accumulated deficit (325,425 ) (44,094 ) (369,519 ) (292,935 ) (45,506 ) (338,441 ) Accumulated other comprehensive (loss) income (225 ) — (225 ) — — — Total stockholders' equity 68,497 (9,624 ) 58,873 99,233 (11,036 ) 88,197 Total liabilities and stockholders' equity $ 105,518 $ — $ 105,518 $ 124,258 $ (426 ) $ 123,832 September 30, 2023 September 30, 2022 Corrected Condensed Consolidated Balance Sheets (UNAUDITED) As previously reported Impact of Adjustments As Restated As previously reported Impact of Adjustments As Restated Assets Current assets: Cash and cash equivalents $ 43,269 $ — $ 43,269 $ 70,059 $ — $ 70,059 Securities at fair value 39,672 — 39,672 — — — Secured corporate notes 41,999 — 41,999 — — — Short-term investments - other 485 — 485 5,832 — 5,832 Accounts and other receivables 9,927 — 9,927 6,583 — 6,583 Prepaid expenses and other current assets 1,661 — 1,661 2,659 (426 ) 2,233 Total current assets 137,013 — 137,013 85,133 (426 ) 84,707 Inventories 481 — 481 596 — 596 Property and equipment, net 642 — 642 852 — 852 Operating lease right-of-use assets 698 — 698 1,068 — 1,068 Long-term investments - other — — — 31,463 — 31,463 Other long-term assets 148 — 148 439 — 439 Total assets $ 138,982 $ — $ 138,982 $ 119,551 $ (426 ) $ 119,125 Liabilities and stockholders' equity Current liabilities: Accounts payable and accrued expenses $ 13,080 $ — $ 13,080 $ 4,279 $ — $ 4,279 Current portion of operating lease liabilities 433 — 433 474 — 474 Current portion of discount and rebate liabilities 7,890 — 7,890 2,825 171 2,996 Other current liabilities 311 — 311 853 — 853 Total current liabilities 21,714 — 21,714 8,431 171 8,602 Line of credit payable 38,801 — 38,801 12,800 — 12,800 Derivative and warrant liability — 5,948 5,948 35 16,139 16,174 Secured promissory note 5,073 — 5,073 — — — Operating lease liabilities, less current portion 517 — 517 956 — 956 Discount and rebate liabilities, less current portion 4,987 — 4,987 3,509 — 3,509 Other long-term liabilities 420 — 420 26 — 26 Total liabilities 71,512 5,948 77,460 25,757 16,310 42,067 Commitments and contingencies (Note D) Stockholders’ equity: Preferred stock: Undesignated preferred stock, $ 0.0001 10,000,000 no — — — — — — Common stock, $ 0.0001 250,000,000 37,787,402 36,211,710 35,450,257 34,540,304 3 — 3 3 — 3 Additional paid-in capital 418,138 34,470 452,608 400,677 34,470 435,147 Treasury stock, at cost (10,983 ) — (10,983 ) (7,536 ) — (7,536 ) Accumulated deficit (339,468 ) (40,418 ) (379,886 ) (299,551 ) (51,206 ) (350,757 ) Accumulated other comprehensive (loss) income (220 ) — (220 ) 201 — 201 Total stockholders' equity 67,470 (5,948 ) 61,522 93,794 (16,736 ) 77,058 Total liabilities and stockholders' equity $ 138,982 $ — $ 138,982 $ 119,551 $ (426 ) $ 119,125 Three months ended March 31, 2023 2023 2023 2022 2022 2022 Condensed consolidated statements of operations (UNAUD As previously reported Impact of Adjustments As Restated As previously reported Impact of Adjustments As Restated Revenue, net $ 2,879 $ 297 $ 3,176 $ 3,965 $ — $ 3,965 Operating expenses: Cost of revenue 125 — 125 8 — 8 Research and development 8,844 (189 ) 8,655 3,082 — 3,082 Selling, general and administrative 6,834 393 7,227 2,734 — 2,734 Acquired In-process research and development — — — — — — Severance expense — — — — — — Total operating expenses 15,803 204 16,007 5,824 — 5,824 Loss from operations (12,924 ) 93 (12,831 ) (1,859 ) — (1,859 ) Other (expense) income: Interest expense (182 ) — (182 ) (5 ) — (5 ) Fair value adjustment related to derivative and warrant liability (2 ) (1,543 ) (1,545 ) 241 12,350 12,591 Fair value adjustment related to investments 196 — 196 (352 ) — (352 ) Interest and other income, net 1,042 — 1,042 107 — 107 Total other (expense) income 1,054 (1,543 ) (489 ) (9 ) 12,350 12,341 Loss before income taxes (11,870 ) (1,450 ) (13,320 ) (1,868 ) 12,350 10,482 Income tax (expense) benefit 103 — 103 4 — 4 Net (loss) income $ (11,767 ) $ (1,450 ) $ (13,217 ) $ (1,864 ) $ 12,350 $ 10,486 Basic and diluted net loss per share of common stock: Net (loss) income $ (0.34 ) $ (0.04) $ (0.38 ) $ (0.05 ) $ 0.35 $ 0.30 Weighted average number of shares of common stock outstanding: Basic and diluted 34,466,542 34,466,542 34,506,597 34,506,597 Three months ended June 30, Six months ended June 30, 2023 2023 2023 2022 2022 2022 2023 2023 2023 2022 2022 2022 As previously reported Impact of Adjustments As Restated As previously reported Impact of Adjustments As Restated As previously reported Impact of Adjustments As Restated As previously reported Impact of Adjustments As Restated Revenue, net $ 8,470 $ — $ 8,470 $ 1,300 $ (48 ) $ 1,252 $ 11,349 $ 297 $ 11,646 $ 5,265 $ (48 ) $ 5,217 Operating expenses: Cost of revenue 677 — 677 51 (20 ) 31 802 — 802 59 (20 ) 39 Research and development 7,433 — 7,433 4,795 — 4,795 16,277 (189 ) 16,088 7,877 — 7,877 Selling, general and administrative 7,005 (393 ) 6,612 3,558 20 3,578 13,839 — 13,839 6,292 20 6,312 Acquired In-process research and development — — — 17,663 — 17,663 — — — 17,663 — 17,663 Total operating expenses 15,115 (393) 14,722 26,067 — 26,067 30,918 (189 ) 30,729 31,891 — 31,891 Loss from operations (6,645 ) (393) (6,252 ) (24,767 ) (48 ) (24,815 ) (19,569 ) 486 (19,083 ) (26,626 ) (48 ) (26,674 ) Other (expense) income: Interest expense (197 ) — (197 ) (36 ) — (36 ) (379 ) — (379 ) (41 ) — (41 ) Fair value adjustment related to derivative and warrant liability — 2,118 2,118 32 2,120 2,152 — 575 575 273 14,470 14,743 Fair value adjustment related to investments 131 — 131 (352 ) — (352 ) 327 — 327 (495 ) — (495 ) Interest and other income, net 1,553 — 1,553 366 753 1,119 2,593 — 2,593 264 753 1,017 Total other (expense) income 1,487 2,118 3,605 10 2,873 2,883 2,541 575 3,116 1 15,223 15,224 Loss before income taxes (5,158 ) 2,511 (2,647 ) (24,757 ) 2,825 (21,932 ) (17,028 ) 1,061 (15,967 ) (26,625 ) 15,175 (11,450 ) Income tax (expense) benefit 74 74 715 (753 ) (38 ) 177 — 177 719 (753 ) (34 ) Net (loss) income $ (5,084 ) $ 2,511 $ (2,573 ) $ (24,042 ) $ 2,072 $ (21,970 ) $ (16,851 ) $ 1,061 $ (15,790 ) $ (25,906 ) $ 14,422 $ (11,484 ) Basic and diluted net loss per share of common stock: Net (loss) income $ (0.15 ) $ 0.07 $ (0.08 ) $ (0.70 ) 0.06 $ (0.64 ) $ (0.49 ) 0.03 $ (0.46 ) $ (0.75 ) 0.42 $ (0.33 ) Weighted average number of shares of common stock outstanding: Basic and diluted 33,898,233 — 33,898,233 34,447,206 — 34,447,206 34,180,818 — 34,180,818 34,476,737 — 34,476,737 Three months ended September 30, Nine months ended September 30, 2023 2023 2023 2022 2022 2022 2023 2023 2023 2022 2022 2022 As previously reported Impact of Adjustments As Restated As previously reported Impact of Adjustments As Restated As previously reported Impact of Adjustments As Restated As previously reported Impact of Adjustments As Restated Revenue, net $ 2,895 — $ 2,895 $ 2,874 $ (123 ) $ 2,751 $ 14,244 $ 297 $ 14,541 $ 8,139 $ (171 ) $ 7,968 Operating expenses: Cost of revenue 144 — 144 141 (50 ) 91 946 — 946 200 (70 ) 130 Research and development 12,297 — 12,297 5,385 — 5,385 28,574 (189 ) 28,385 13,262 — 13,262 Selling, general and administrative 5,818 — 5,818 3,974 50 4,024 19,657 — 19,657 10,266 70 10,336 Acquired in-process research and development — — — — — — — — — 17,663 — 17,663 Total operating expenses 18,259 — 18,259 9,500 — 9,500 49,177 (189) 48,988 41,391 — 41,391 Loss from operations (15,364 ) — (15,364 ) (6,626 ) (123 ) (6,749 ) (34,933 ) 486 (34,447 ) (33,252 ) (171 ) (33,423 ) Other income (expense): Interest expense (366 ) — (366 ) (124 ) — (124 ) (745 ) — (745 ) (165 ) — (165 ) Fair value adjustment related to derivative and warrant liability — 3,678 3,678 22 (5,577 ) (5,555 ) — 4,253 4,253 295 8,893 9,188 Fair value adjustment related to investments 124 — 124 (139 ) — (139 ) 451 — 451 (634 ) — (634 ) Interest and other income, net 1,738 — 1,738 218 — 218 4,331 — 4,331 482 753 1,235 Total other income (expense) 1,496 3,678 5,174 (23 ) (5,577 ) (5,600 ) 4,037 4,253 8,290 (22 ) 9,646 9,624 Loss before income taxes (13,868 ) 3,678 (10,190 ) (6,649 ) (5,700 ) (12,349 ) (30,896 ) 4,739 (26,157 ) (33,274 ) 9,475 (23,799 ) Income tax (expense) benefit (177 ) — (177 ) 33 — 33 — — 752 (753 ) (1 ) Net loss $ (14,045 ) $ 3,678 $ (10,367 ) $ (6,616 ) $ (5,700 ) $ (12,316 ) $ (30,896 ) $ 4,739 $ (26,157 ) $ (32,522 ) $ 8,722 $ (23,800 ) Basic and diluted net loss per share of common stock: Net (loss) income $ (0.40 ) $ 0.10 $ (0.30 ) $ (0.19 ) $ (0.17) $ (0.36 ) $ (0.90 ) $ 0.14 $ (0.76 ) $ (0.94 ) $ 0.25 $ (0.69 ) Weighted average number of shares of common stock outstanding: Basic and diluted 34,724,614 — 34,724,614 34,494,702 — 34,494,702 34,364,075 — 34,364,075 34,482,791 — 34,482,791 Condensed Consolidated Statements of Changes in Stockholders' Equity (UNAUDITED) Common Stock Additional Paid-in Capital (As Restated) Treasury Stock Accumulated Deficit (As Restated) Other Comprehensive Income (Loss) Total Stockholders' (Deficit) Equity (As Restated) Balance December 31, 2021 (As Reported) $ 4 $ 396,957 $ (2,814 ) $ (267,029 ) $ — $ 127,118 Effect of Restatement — 34,470 — (59,928) — (25,458 ) Balance December 31, 2021 (As Restated) $ 4 $ 431,427 $ (2,814 ) $ (326,957 ) $ — $ 101,660 Net loss (As Restated) — — — 10,486 — 10,486 Stock-based compensation expense — 918 — — — 918 Shares repurchased as part of the Share Repurchase Program (1 ) — (4,722 ) — — (4,723 ) Issuance of common stock in exchange for consulting services — 50 — — — 50 Balance as of March 31, 2022 (As Restated) $ 3 $ 432,395 $ (7,536 ) $ (316,471 ) $ — $ 108,391 Net loss (As Restated) — — — (21,970 ) — (21,970 ) Stock-based compensation expense — 1,510 — — — 1,510 Issuance of common stock in exchange for consulting services — 50 — — — 50 Issuance of common stock as part of the Employee Stock Purchase Plan — 216 — — — 216 Balance as of June 30, 2022 (As Restated) $ 3 $ 434,171 $ (7,536 ) $ (338,441 ) $ — $ 88,197 Net loss (As Restated) — — — (12,316 ) — (12,316 ) Stock-based compensation expense — 911 — — — 911 Issuance of common stock in exchange for consulting services — 65 — — — 65 Other comprehensive income — — — — 201 201 Balance as of September 30, 2022 (As Restated) $ 3 $ 435,147 $ (7,536 ) $ (350,757 ) $ 201 $ 77,058 Balance December 31, 2022 (As Reported) $ 3 $ 401,799 $ (7,536 ) $ (308,572 ) $ 113 $ 85,807 Effect of Restatement — 34,470 — (45,157 ) — (10,687 ) Balance December 31, 2022 (As Restated) $ 3 $ 436,269 $ (7,536 ) $ (353,729 ) $ 113 $ 75,120 Net loss (As Restated) — — — (13,217 ) — (13,217 ) Stock-based compensation expense — 591 — — — 591 Shares repurchased as part of the Share Repurchase Program — — (3,447 ) — — (3,447 ) Issuance of common stock in exchange for consulting services — 42 — — — 42 Severance expense — 354 — — — 354 Other comprehensive loss — — — — (176 ) (176 ) Balance as of March 31, 2023 (As Restated) $ 3 $ 437,256 $ (10,983 ) $ (366,946 ) $ (63 ) $ 59,267 Net loss (As Restated) — — — (2,573 ) — (2,573 ) Stock-based compensation expense — 1,103 — — — 1,103 Issuance of common stock in exchange for consulting services — 25 — — — 25 Severance expense — 1,048 — — — 1,048 Issuance of common stock as part of the Employee Stock Purchase Plan — 165 — — — 165 Other comprehensive loss — — — — (162 ) (162 ) Balance as of June 30, 2023 (As Restated) $ 3 $ 439,597 $ (10,983 ) $ (369,519 ) $ (225 ) $ 58,873 Net loss (As Restated) — — — (10,367 ) — (10,365 ) Stock-based compensation expense — 1,387 — — — 1,387 Issuance of common stock in connection with the Proposed Merger (Note K) — 11,500 — — — 11,500 Issuance of common stock in exchange for consulting services — 71 — — — 71 Severance expense — 53 — — — 53 Other comprehensive loss — — — — 5 5 Balance as of September 30, 2023 $ 3 $ 452,608 $ (10,983 ) $ (379,886 ) $ (220 ) $ 61,524 Three Months Ended March 31, 2023 2022 As Reported Impact of Adjustments As Restated As Reported Impact of Adjustments As Restated Condensed Consolidated Statements of Cash Flows (UNAUDITED) Cash flows from operating activities: Net income (loss) $ (11,767 ) $ (1,450 ) $ (13,217 ) $ (1,864 ) $ 12,350 $ 10,486 Adjustments to reconcile net loss to net cash used in operating activities: Stock-based compensation expense 591 — 591 918 — 918 Severance expense 354 — 354 — — — Depreciation and amortization expense 79 — 79 65 — 65 Fair value adjustment related to derivative and warrant liability 2 1,543 1,545 (241 ) (12,350 ) (12,591 ) Fair value adjustment related to investments (196 ) — (196 ) 352 — 352 Consulting fees paid in common stock 42 — 42 50 — 50 Gain on foreign currency exchange rates (240 ) — (240 ) — — — Change in assets and liabilities: Accounts and other receivables 477 — 477 (1,792 ) — (1,792 ) Prepaid expenses and other current assets 703 — 703 303 — 303 Inventories 51 — 51 — — — Operating lease right-of-use assets 80 — 80 51 — 51 Accounts payable and accrued expenses 3,929 (93) 3,836 (486 ) — (486 ) Discount and rebate liabilities 1,528 — 1,528 — — — Operating lease liabilities (107 ) — (107 ) (88 ) — (88 ) Other liabilities 429 — 429 (821 ) — (821 ) Net cash used in operating activities (4,045 ) — (4,045 ) (3,553 ) — (3,553 ) Cash flows from investing activities: Purchases of property and equipment (29 ) — (29 ) (16 ) — (16 ) Purchases of investments (17,526 ) — (17,526 ) (3,832 ) — (3,832 ) Net cash used in investing activities (17,555 ) — (17,555 ) (3,848 ) — (3,848 ) Cash flows from financing activities: Proceeds from issuance of debt 12,914 — 12,914 — — — Payments of principal on insurance financing arrangements (415 ) — (415 ) — — — Repayment of debt (12,800 ) — (12,800 ) — — — Payment to repurchase shares as part of the Share Repurchase Program (3,447 ) — (3,447 ) (4,723 ) — (4,723 ) Repayment of principal on finance lease liabilities (2 ) — (2 ) (10 ) — (10 ) Net cash provided by financing activities (3,750 ) — (3,750 ) (4,733 ) — (4,733 ) Effect of exchange rate changes on cash and cash equivalents 65 — 65 — — — Net decrease in cash and cash equivalents (25,285 ) — (25,285 ) (12,134 ) — (12,134 ) Cash and cash equivalents, beginning of period 65,466 — 65,466 112,346 — 112,346 Cash and cash equivalents, end of period $ 40,181 — $ 40,181 $ 100,212 — $ 100,212 Supplemental cash flow information: Cash paid for interest $ 68 — $ 68 $ 5 — $ 5 Six Months Ended June 30, 2023 2022 As Reported Impact of Adjustments As Restated As Reported Impact of Adjustments As Restated Condensed Consolidated Statements of Cash Flows (UNAUDITED) Cash flows from operating activities: Net loss $ (16,851 ) $ 1,061 $ (15,790 ) $ (25,906 ) $ 14,422 $ (11,484 ) Adjustments to reconcile net loss to net cash used in operating activities: Stock-based compensation expense 1,694 — 1,694 2,428 — 2,428 Severance expense 1,402 — 1,402 — — — Depreciation and amortization expense 157 — 157 246 — 246 Fair value adjustment related to derivative and warrant liability — (481 ) (481 ) (273 ) (14,470 ) (14,743 ) Fair value adjustment related to investments (327 ) — (327 ) 495 — 495 Loss on sublease and disposal of property and equipment — — — 9 — 9 Consulting fees paid in common stock 67 — 67 100 — 100 Acquired in-process research and development — — — 17,663 — 17,663 Gain on foreign currency exchange rates (138 ) — (138 ) — — — Change in assets and liabilities: Accounts and other receivables (5,734 ) — (5,734 ) (1,292 ) — (1,292 ) Prepaid expenses and other current assets (146 ) (189 ) (335 ) (1,892 ) — (1,892 ) Inventories 125 — 125 39 — 39 Operating lease right-of-use assets 161 — 161 (24 ) — (24 ) Accounts payable and accrued expenses 3,338 (391 ) 2,947 630 — 630 Discount and rebate liabilities 3,097 — 3,097 496 — 496 Operating lease liabilities (216 ) — (216 ) (37 ) — (37 ) Other liabilities 622 — 622 (339 ) 48 (291 ) Net cash used in operating activities (12,749 ) — (12,749 ) (7,657 ) — (7,657 ) Cash flows from investing activities: Acquisitions, net — — — (14,090 ) — (14,090 ) Purchases of property and equipment (52 ) — (52 ) (31 ) — (31 ) Purchases of investments (17,467 ) — (17,467 ) (23,832 ) — (23,832 ) Maturities of long-term investments, net 34,000 — 34,000 1,025 — 1,025 Net cash used in investing activities 16,481 — 16,481 (36,928 ) — (36,928 ) Cash flows from financing activities: Proceeds from issuance of debt 12,800 — 12,800 12,800 — 12,800 Proceeds from insurance financing arrangements 1,256 — 1,256 1,273 — 1,273 Proceeds from Employee Stock Purchase Plan 166 — 166 216 — 216 Payments of principal on insurance financing arrangements (564 ) — (564 ) (469 ) — (469 ) Repayment of debt (13,007 ) — (13,007 ) — — — Payment of offering costs — — — (68 ) — — Payment to repurchase shares as part of the Share Repurchase Program (3,447 ) — (3,447 ) (4,723 ) — (4,723 ) Repayment of principal on finance lease liabilities (3 ) — (3 ) (11 ) — (11 ) Net cash provided by financing activities (2,799 ) — (2,799 ) 9,018 — 9,086 Effect of exchange rate changes on cash and cash equivalents (203 ) — (203 ) — — — Net decrease in cash and cash equivalents 730 — 730 (35,567 ) — (35,499 ) Cash and cash equivalents, beginning of period 65,466 — 65,466 112,346 — 112,346 Cash and cash equivalents, end of period $ 66,196 $ — $ 66,196 $ 76,779 $ — $ 76,847 Supplemental cash flow information: Cash paid for interest $ 261 — $261 $ 41 — $ 41 Nine Months Ended September 30, 2023 2022 As Reported Impact of Adjustments As Restated As Reported Impact of Adjustments As Restated Condensed Consolidated Statements of Cash Flows (UNAUDITED) Cash flows from operating activities: Net loss $ (30,896 ) $ 4,739 $ (26,157 ) $ (32,522 ) $ 8,722 $ (23,800 ) Adjustments to reconcile net loss to net cash used in operating activities: Stock-based compensation expense 3,081 — 3,081 3,339 — 3,339 Severance expense 1,401 — 1,401 — — — Depreciation and amortization expense 219 — 219 644 — 644 Fair value adjustment related to derivative and warrant liability — (4,159 ) (4,159 ) (295 ) (8,893 ) (9,188 ) Fair value adjustment related to investments (451 ) — (451 ) 634 — 634 Loss on sublease and disposal of property and equipment 157 — 157 9 — 9 Consulting fees paid in common stock 138 — 138 165 — 165 Acquired in-process research and development — — — 17,663 — 17,663 Gain on foreign currency exchange rates (30 ) — (30 ) — — — Change in assets and liabilities: Accounts and other receivables (1,628 ) — (1,628 ) (4,646 ) — (4,646 ) Prepaid expenses and other current assets 216 (189 ) 27 (1,196 ) — (1,196 ) Inventories 190 — 190 280 — 280 Operating lease right-of-use assets 243 — 243 82 — 82 Other long-term assets (93 ) — (93 ) - — — Accounts payable and accrued expenses 5,791 (391 ) 5,400 1,262 — 1,262 Discount and rebate liabilities 3,895 — 3,895 858 — 858 Operating lease liabilities (326 ) — (326 ) (160 ) — (160 ) Other liabilities 716 — 716 (372 ) 171 (201 ) Net cash used in operating activities (17,377 ) — (17,377 ) (14,255 ) — (14,255 ) Cash flows from investing activities: Acquisitions, net — — — (14,090 ) — (14,090 ) Purchases of property and equipment (224 ) — (224 ) (59 ) — (59 ) Purchases of investments (45,821 ) — (45,821 ) (23,832 ) — (23,832 ) Purchases of Secured corporate notes (25,426 ) — (25,426 ) — — — Maturities of long-term investments, net 43,496 — 43,496 1,325 — 1,325 Net cash used in investing activities (27,975 ) — (27,975 ) (36,656 ) — (36,656 ) Cash flows from financing activities: Proceeds from issuance of debt 38,801 — 38,801 12,800 — 12,800 Proceeds from insurance financing arrangements 1,256 — 1,256 1,273 — 1,273 Proceeds from Employee Stock Purchase Plan 219 — 219 216 — 216 Payments of principal on insurance financing arrangements (564 ) — (564 ) (876 ) — (876 ) Repayment of debt (12,800 ) — (12,800 ) — — — Payment of offering costs — — — (68 ) — — Payment to repurchase shares as part of the Share Repurchase Program (3,447 ) — (3,447 ) (4,723 ) — (4,723 ) Repayment of principal on finance lease liabilities (5 ) — (5 ) (13 ) — (13 ) Net cash provided by financing activities 23,460 — 23,460 8,609 — 8,677 Effect of exchange rate changes on cash and cash equivalents (305 ) — (305 ) 15 — 15 Net decrease in cash and cash equivalents (22,197 ) — (22,197 ) (42,287 ) —- (42,219 ) Cash and cash equivalents, beginning of period 65,466 — 65,466 112,346 — 112,346 Cash and cash equivalents, end of period $ 43,269 $ — $ 43,269 $ 70,059 $ — $ 70,127 Supplemental cash flow information: Cash paid for interest $ 456 $ — $ 456 $ 165 $ — $ 165 Right-of-use assets obtained in exchange for lease liabilities — — — — — — Supplemental disclosure of noncash investing activities: Issuance of common stock in connection with the Merger (Note K) (11,500 ) — (11,500 ) — — — Supplemental disclosure of noncash financing activities: Issuance of secured promissory note for the Merger (Note K) (5,073 ) — (5,073 ) — — — |