RESTATEMENT OF CONSOLIDATED FINANCIAL STATEMENTS | NOTE 2. RESTATEMENT OF CONSOLIDATED FINANCIAL STATEMENTS On July 1, 2020, the audit committee of the board of directors and management of the Company concluded that the Company’s previously issued audited consolidated financial statements for the year ended December 31, 2019, should no longer be relied upon because of an error in the Company’s accounting for certain outstanding common stock warrants, which are referred to as the 2019 Warrants herein. The error relates to the determination of the number of shares of common stock subject to the 2019 Warrants that were issued by the Company in May 2019, which contain certain anti-dilution adjustment provisions with respect to subsequent issuances of securities by the Company at a price below the exercise price of such warrants. At the time of issuance, the 2019 Warrants represented the right to purchase 3,000,000 shares of common stock at a per share exercise price of $1.30. In the Company’s Form 10-K for the year ended December 31, 2019, the Company accounted for certain dilutive issuances of securities by the Company during 2019 by reflecting that the exercise price of such warrants had decreased to $0.45 per share as a result of the anti-dilution adjustment provisions contained in the warrants, but the Company did not correctly account for the increase in shares subject to such warrants resulting from the anti-dilution adjustment provisions contained in the warrants. Such adjustment provisions increased the number of shares subject to the 2019 Warrants to 8,666,666 shares as of December 31, 2019. The cumulative effect of the restatement on the Company's financial statements is an increase in the derivative liability balance and a corresponding increase in loss on derivative instruments of $3.2 million at December 31, 2019. These adjustments are non-cash and do not impact the Company’s revenue, operating expenses, operating income, cash flows or cash and cash equivalents as previously reported. The effects of the restatement on the consolidated balance sheets are summarized in the following table: December 31, 2019 As Originally Reported Adjustments As Restated ASSETS Current Assets Cash and Cash Equivalents $ 122,390 $ — $ 122,390 Accounts receivable, net 85,204 — 85,204 Note receivable, net – current portion 375,000 — 375,000 Prepaid expenses and other current assets 546,970 — 546,970 Assets held for sale 375,218 — 375,218 Assets of discontinued operations 47,453 — 47,453 Total Current Assets $ 1,552,235 — $ 1,552,235 Note receivable, net 93,333 — 93,333 Property and equipment, net 1,507,327 — 1,507,327 Investment 250,000 — 250,000 Assets held for sale 15,584 — 15,584 Assets of discontinued operations 83,525 — 83,525 Total Assets $ 3,502,004 $ — $ 3,502,004 LIABILITIES & STOCKHOLDERS’ EQUITY (DEFICIT) Current Liabilities Accounts payable and accrued expenses $ 1,221,194 $ — $ 1,221,194 Interest payable 93,375 — 93,375 Customer deposits 562,803 — 562,803 Accrued stock payable 80,657 — 80,657 Notes payable (net of discount) 2,230,684 — 2,230,684 Related party note payable (net of discount) 99,667 — 99,667 Warrant derivative liability 1,599,436 3,201,157 4,620,593 Liabilities held for sale 149,249 — 149,249 Liabilities of discontinued operations 207,993 — 207,993 Total current liabilities $ 6,245,058 $ 3,201,157 $ 9,266,216 Stockholders’ Equity (Deficit) Common Stock 39,498 — 39,498 Additional paid-in capital 61,468,034 — 61,468,034 Accumulated deficit (64,250,586) (3,201,157) (67,271,744) Total Stockholders’ Equity (Deficit) $ (2,743,054) $ (3,201,157) $ (5,764,212) Total Liabilities & Stockholders’ Equity (Deficit) $ 3,502,004 $ — $ 3,502,004 The effects of the restatement on the consolidated statements of operations and comprehensive income/loss are summarized in the following table: Year Ended December 31, 2019 As Originally Reported Adjustments As Restated Revenues Services $ 1,787,863 $ — $ 1,787,863 Rent and interest 95,437 — 95,437 Product sale 1,783,046 — 1,783,046 Total revenues 3,666,346 — 3,666,346 Costs and Expenses Cost of service revenues 858,714 — 858,714 Cost of goods sold 1,608,386 — 1,608,386 Selling, general, and administrative 4,379,800 — 4,379,800 Share-based expense 3,966,621 — 3,966,621 Professional fees 1,598,818 — 1,598,818 Depreciation and amortization 115,696 — 115,696 Total costs and expenses 12,528,035 — 12,528,035 Operating Loss (8,861,689) — (8,861,689) Other (Income) Expense Amortization of debt discount and equity issuance costs 2,019,726 — 2,019,726 Loss on extinguishment of debt 377,300 — 377,300 Interest expense, net 345,371 — 345,371 (Gain) loss on warrant derivative liability (816,916) 3,201,157 2,204,172 Total other expense, net 1,925,411 3,201,157 4,946,569 Net Loss from Continuing Operations $ (10,787,100) $ (3,201,157) $ (13,808,258) Loss from discontinued operations (1,675,539) — (1,675,539) Net Loss $ (12,462,639) $ (3,201,157) $ (15,483,797) Deemed dividend (2,341,000) — (2,341,000) Net Loss Attributable to Common Stockholders $ (14,803,639) $ (3,201,157) $ (17,824,797) Per Share Data – Basic and diluted Net loss from continuing operations $ (0.28) $ (0.08) $ (0.36) Net loss from discontinued operations $ (0.04) $ — $ (0.04) Net loss attributable to common stockholders per share $ (0.39) $ (0.08) $ (0.47) Weighted average number of common shares outstanding — The effects of the restatement on the consolidated statement of cash flows are summarized in the following table: December 31, 2019 As Originally Reported Adjustments As Restated Operating Activities Net loss $ (12,462,639) $ (3,201,157) $ (15,483,797) Adjustments to reconcile net loss to net cash used in operating activities: Amortization of debt discount and equity issuance costs 2,019,726 — 2,019,726 Loss on extinguishment of debt 377,300 — 377,300 Depreciation and amortization expense 196,247 — 196,247 Amortization of loan origination fees (13,333) — (13,333) Bad debt expense 174,249 — 174,249 Impairment of assets 147,035 — 147,035 Loss on disposal of property and equipment 104,803 — 104,803 (Gain) loss on warrant derivative liability (816,986) 3,201,157 2,204,172 Share-based payments 3,966,621 — 3,966,621 Changes in operating assets and liabilities: Accounts receivable (101,766) — (101,766) Prepaid expenses and other assets (138,254) — (138,254) Inventory (23,772) — (23,772) Accounts payable and accrued liabilities 1,242,108 — 1,242,108 Net cash used in operating activities: (5,328,661) — (5,328,661) INVESTING ACTIVITIES Purchase of property and equipment (318,639) — (318,639) Lending on notes receivable (705,000) — (705,000) Proceeds on notes receivable 270,000 — 270,000 Net cash used in investing activities (753,639) — (753,639) FINANCING ACTIVITIES Proceeds from sale of common stock and warrants 2,604,355 — 2,604,355 Proceeds from exercise of stock options 188,770 — 188,770 Proceeds from notes payable 1,455,000 — 1,455,000 Payments on notes payable (5,898,000) — (5,898,000) Payments on Infinity Note - related party — — — Net cash provided by (used in) financing activities (1,649,875) — (1,649,875) NET INCREASE (DECREASE) IN CASH AND CASH EQUIVALENTS (7,732,175) — (7,732,175) CASH AND CASH EQUIVALENTS, BEGINNING OF PERIOD 7,957,169 — 7,957,169 CASH AND CASH EQUIVALENTS, END OF PERIOD $ 224,994 $ — $ 224,994 SUPPLEMENTAL SCHEDULE OF CASH FLOW INFORMATION Cash paid for interest $ 305,195 $ — $ 305,195 NON-CASH INVESTING & FINANCING ACTIVITIES Deemed dividend from warrant repricing $ 2,603,000 $ — $ 2,603,000 Operating lease right-of-use asset/Operating lease liability 154,200 — 154,200 12% Warrants recorded as a debt discount and loss on extinguishment of debt 392,000 — 392,000 SBI Warrants recorded as a debt discount and loss on extinguishment of debt 28,800 — 28,800 15% Warrants recorded as a debt discount and additional paid-in capital 158,100 — 158,100 |