Restatement of Previously Issued 2021 Unaudited Quarterly Financial Statements | Note 2 – Restatement of Previously Issued 2021 Unaudited Quarterly Financial Statements During the fourth quarter of 2021 and just before the original 10-K was filed, the Company reviewed its estimate for future expenses related to its Long-Term Incentive Plan for the potential achievement of market capitalization awards, which resulted in increased fair market values on this portion of the new LTIP, first put into place in March 2021. The Company’s Audit Committee concluded, on March 1, 2022, that previously issued unaudited financial statements for all quarterly periods previously filed on Form 10-Q for 2021 should no longer be relied upon. The Audit Committee discussed this matter with the Company’s independent accountant. As a result, the total fair market value under of the market capitalization awards at that time of grant increased to approximately $33.6 million from $12.1 million as of March 31, 2021. This change was a result of management’s determination that the initial fair market value model’s inputs that were utilized were ultimately considered unacceptable according to U.S. GAAP guidance and as a result were revised by management and subsequently updated in its current model for determining the fair market of these market capitalization awards. This error correction was made in the fourth quarter of 2021. The Company’s previously filed unaudited quarterly financial statements for the first three quarters of 2021 filed under Forms 10-Q were affected by the correction of this error. The quarterly periods ending March 31, 2021, June 30, 2021, and September 2021 were restated in the Company’s Annual Form 10-K. Impact of the Restatements The impact of the restatement on the unaudited consolidated balance sheets, statements of changes in stockholders’ equity, statements of operations and statements of cash flows for the 2021 affected quarterly periods is presented below. The change in the amount of stock-based compensation expenses related to the LTIP resulted in the correction of an error in accumulated deficit and additional paid-in capital. The impact of the restatement to the Consolidated Balance Sheets for the three quarters is as follows: March 31, 2021 (Unaudited) As Previously Balance Sheet Reported Adjustment As Restated Additional paid-in capital $ 316,208,276 $ 2,512,007 $ 318,720,283 Accumulated deficit $ (169,334,346) $ (2,512,007) $ (171,846,353) June 30, 2021 (Unaudited) As Previously Balance Sheet Reported Adjustment As Restated Additional paid-in capital $ 333,792,844 $ 2,978,022 $ 336,770,866 Accumulated deficit $ (178,113,803) $ (2,978,022) $ (181,091,825) September 30, 2021 (Unaudited) As Previously Balance Sheet Reported Adjustment As Restated Additional paid-in capital $ 337,125,126 $ 5,519,504 $ 342,644,630 Accumulated deficit $ (186,059,869) $ (5,519,504) $ (191,579,373) The Company’s statements of stockholders’ equity has been restated to reflect the changes to the impacted stockholders’ equity accounts described above: For the Three Months Ended March 31, 2021 (Unaudited) As Previously Condensed Statement of Changes in Stockholders' Equity Reported Adjustment As Restated Stock-Based Compensation Expense $ 2,047,378 $ 2,512,007 $ 4,559,385 Additional Paid-In Capital 316,208,276 2,512,007 318,720,283 Net Loss (6,639,363) (2,512,007) (9,151,370) Accumulated Deficit $ (169,334,346) $ (2,512,007) $ (171,846,353) For the Six Months Ended June 30, 2021 (Unaudited) As Previously Condensed Statement of Changes in Stockholders' Equity Reported Adjustment As Restated Stock-Based Compensation Expense $ 5,566,124 $ 2,978,022 $ 8,544,146 Additional Paid-In Capital 333,792,844 2,978,022 336,770,866 Net Loss (15,418,820) (2,978,022) (18,396,842) Accumulated Deficit $ (178,113,803) $ (2,978,022) $ (181,091,825) For the Nine Months Ended September 30, 2021 (Unaudited) As Previously Condensed Statement of Changes in Stockholders' Equity Reported Adjustment As Restated Stock-Based Compensation Expense $ 8,858,814 $ 5,519,504 $ 14,378,318 Additional Paid-In Capital 337,125,126 5,519,504 342,644,630 Net Loss (23,364,886) (5,519,504) (28,884,390) Accumulated Deficit $ (186,059,869) $ (5,519,504) $ (191,579,373) The impact of the restatement to the previously reported quarterly Consolidated Statements of Operations for each of the quarters ended in 2021 is presented below: For the Three Months Ended March 31, 2021 (Unaudited) As Previously Condensed Statement of Operations Reported Adjustment As Restated Total Sales $ 3,915,389 $ — $ 3,915,389 Total Cost of Sales 2,835,798 — 2,835,798 Gross Profit (exclusive of depreciation shown separately below) 1,079,591 — 1,079,591 Operating Expenses: Research and Development 2,079,927 125,391 2,205,318 Selling and Marketing 1,240,734 62,696 1,303,430 General and Administrative 3,703,837 2,323,920 6,027,757 Depreciation and Amortization 517,412 — 517,412 Loss on Fixed Asset Disposal 83,908 — 83,908 Impairment of Patents and Trademarks 27,731 — 27,731 Total Operating Expenses 7,653,549 2,512,007 10,165,556 Loss From Operations (6,573,958) (2,512,007) (9,085,965) Total Other Expense (65,405) — (65,405) Net Loss $ (6,639,363) $ (2,512,007) $ (9,151,370) Basic and Diluted Loss per Common Share $ (0.12) $ (0.05) $ (0.17) For the Three Months Ended June 30, 2021 (Unaudited) As Previously Condensed Statement of Operations Reported Adjustment As Restated Total Sales $ 2,916,538 $ — $ 2,916,538 Total Cost of Sales 2,337,166 — 2,337,166 Gross Profit (exclusive of depreciation shown separately below) 579,372 — 579,372 Operating Expenses: Research and Development 2,700,732 23,262 2,723,994 Selling and Marketing 1,337,558 11,631 1,349,189 General and Administrative 4,749,920 431,122 5,181,042 Depreciation and Amortization 501,678 — 501,678 Loss on Fixed Asset Disposal — — — Impairment of Patents and Trademarks 30,765 — 30,765 Total Operating Expenses 9,320,653 466,015 9,786,668 Loss From Operations (8,741,281) (466,015) (9,207,296) Total Other Expense (38,176) — (38,176) Net Loss $ (8,779,457) $ (466,015) $ (9,245,472) Basic and Diluted Loss per Common Share $ (0.14) $ (0.01) $ (0.15) For the Three Months Ended September 30, 2021 (Unaudited) As Previously Condensed Statement of Operations Reported Adjustment As Restated Total Sales $ 3,018,774 $ — $ 3,018,774 Total Cost of Sales 2,435,437 — 2,435,437 Gross Profit (exclusive of depreciation shown separately below) 583,337 — 583,337 Operating Expenses: Research and Development 3,270,255 126,863 3,397,118 Selling and Marketing 1,589,582 63,431 1,653,013 General and Administrative 3,112,059 2,351,188 5,463,247 Depreciation and Amortization 434,277 — 434,277 Loss on Fixed Asset Disposal — — — Impairment of Patents and Trademarks 7,544 — 7,544 Total Operating Expenses 8,413,717 2,541,482 10,955,199 Loss From Operations (7,830,380) (2,541,482) (10,371,862) Total Other Expense (115,686) — (115,686) Net Loss $ (7,946,066) $ (2,541,482) $ (10,487,548) Basic and Diluted Loss per Common Share $ (0.13) $ (0.04) $ (0.17) The impact of the restatement to the previously reported quarterly Consolidated Statements of Cash Flows in 2021 is presented below: For the Three Months Ended March 31, 2021 (Unaudited) As Previously Condensed Statement of Cash Flows Reported Adjustment As Restated Net Loss $ (6,639,363) $ (2,512,007) $ (9,151,370) Stock-Based Compensation 2,106,206 2,512,007 4,618,213 Net Cash Flows Used in Operating Activities $ (5,921,629) $ — $ (5,921,629) For the Six Months Ended June 30, 2021 (Unaudited) As Previously Condensed Statement of Cash Flows Reported Adjustment As Restated Net Loss $ (15,418,820) $ (2,978,022) $ (18,396,842) Stock-Based Compensation 5,683,591 2,978,022 8,661,613 Net Cash Flows Used in Operating Activities $ (13,108,703) $ — $ (13,108,703) For the Nine Months Ended September 30, 2021 (Unaudited) As Previously Condensed Statement of Cash Flows Reported Adjustment As Restated Net Loss $ (23,364,886) $ (5,519,504) $ (28,884,390) Stock-Based Compensation 7,311,278 5,519,504 12,830,782 Net Cash Flows Used in Operating Activities $ (18,909,428) $ — $ (18,909,428) |