CORRECTION OF ERRORS IN PREVIOUSLY REPORTED CONSOLIDATED FINANCIAL STATEMENTS | NOTE 3 – Correction of Errors in Previously Reported Consolidated Financial Statements We identified errors in our previously issued financial statements for the interim and annual periods prior to December 30, 2017 related to the recognition of compensation expense associated with shares granted to employees and directors, and the recognition of the beneficial conversion features associated with our Series D Preferred Shares. We assessed the materiality of these errors in accordance with the U.S. Securities and Exchange Commission (“SEC”) Staff Accounting Bulletin (“SAB”) No. 99, Materiality Considering the Effects of Prior Year Misstatements when Quantifying Misstatements in Current Year Financial Statements For the Transition Period, correction of these errors increased our net loss by $251 and net loss attributable to common stock holders by $1,911. For Fiscal 2016, correction of these errors decreased our net loss and net loss attributable to common stock holders by $1,081. The cumulative effect of those adjustments reduced previously reported accumulated deficit as of the Transition Period by $829. The effects of the corrections of the errors on our consolidated balance sheets, statements of operations and statements of cash flows for the Transition Period and Fiscal 2016 are presented in the tables below. Transition Period Fiscal 2016 Previously As Previously As Reported Adjustments Revised Reported Adjustments Revised Current Assets $ 23,537 $ - $ 23,537 $ 23,359 $ - $ 23,359 Long-Term Assets 30,420 - 30,420 30,400 - 30,400 Total Assets $ 53,957 $ - $ 53,957 $ 53,759 $ - $ 53,759 Current Liabilities $ 38,994 $ - $ 38,994 $ 39,919 $ - $ 39,919 Long-Term Liabilities 6,685 - 6,685 6,328 - 6,328 Total Liabilities 45,679 - 45,679 46,247 - 46,247 Mezzanine Equity 612 272 884 - - - Common Stock - - - - - - Preferred Stock - - - - - Additional Paid-In Capital 54,291 (1,101 ) 53,190 51,224 (1,081 ) 50,143 Accumulated Other Comprehensive Loss 855 - 855 159 - 159 Accumulated Deficit (47,480 ) 829 (46,651 ) (43,871 ) 1,081 (42,790 ) Total Equity (Deficit) 7,666 (272 ) 7,394 7,512 - 7,512 Total Liabilities and Equity (Deficit) $ 53,957 $ - $ 53,957 $ 53,759 $ - $ 53,759 Transition Period Fiscal 2016 Previously As Previously As Reported Adjustments Revised Reported Adjustments Revised Revenue $ 109,422 $ - $ 109,422 $ 165,552 $ - $ 165,552 Gross Profit 19,137 - 19,137 29,047 - 29,047 SG&A 17,993 251 18,244 30,781 (1,081 ) 29,700 Depreciation 1,773 - 1,773 2,864 - 2,864 Other - - - - - - Total Operating Expenses 19,766 251 20,017 33,645 (1,081 ) 32,564 Loss From Operations (629 ) (251 ) (880 ) (4,598 ) 1,081 (3,517 ) Other Expenses (2,965 ) - (2,965 ) (4,870 ) - (4,870 ) Loss Before Provision for Income Taxes (3,594 ) (251 ) (3,845 ) (9,468 ) 1,081 (8,387 ) Provision for Income Taxes (16 ) - (16 ) (17 ) - (17 ) Net Loss (3,610 ) (251 ) (3,861 ) (9,485 ) 1,081 (8,404 ) Non-Controlling Interest - - - (28 ) - (28 ) Net Loss Before Preferred Share Dividends (3,610 ) (251 ) (3,861 ) (9,513 ) 1,081 (8,432 ) Series A Dividend (116 ) - (116 ) (200 ) - (200 ) Series D Deemed Dividend - (1,660 ) (1,660 ) - - - Net Loss Attributable to Common Stock Holders $ (3,726 ) $ (1,911 ) $ (5,637 ) $ (9,713 ) $ 1,081 $ (8,632 ) Basic and Diluted Net Loss per Share: Net Loss $ (2.23 ) $ (0.24 ) $ (2.47 ) $ (9.69 ) $ 0.90 $ (8.78 ) Net Loss Attributable to Common Stock Holders $ (2.30 ) $ (1.30 ) $ (3.60 ) $ (9.89 ) $ 0.90 $ (8.99 ) Weighted Average Shares Outstanding - Basic and Diluted 1,621,047 (56,253 ) 1,564,794 981,962 (21,963 ) 959,999 Transition Period Fiscal 2016 Previously As Previously As Reported Adjustments Revised Reported Adjustments Revised Net Loss $ (3,610 ) $ (251 ) $ (3,861 ) $ (9,485 ) $ 1,081 $ (8,404 ) Adjustments to reconcile net loss to net cash provided by (used in) operating activities: Non-cash addbacks 3,634 251 3,885 7,348 (1,081 ) 6,267 Changes in operating assets and liabilities (1,232 ) - (1,232 ) 4,231 - 4,231 Net cash (used in) provided by operating activities (1,208 ) - (1,208 ) 2,094 - 2,094 Net cash used in investing activities (1,167 ) - (1,167 ) (5,130 ) - (5,130 ) Net cash provided by financing activities 1,058 - 1,058 4,986 - 4,986 Net (decrease) increase in cash (1,317 ) - (1,317 ) 1,950 - 1,950 Foreign currency translation (2 ) - (2 ) - - - Cash - beginning of period 1,969 - 1,969 19 - 19 Cash - end of period $ 650 $ - $ 650 $ 1,969 $ - $ 1,969 In addition to the errors noted above, we also noted errors relating to the classification of warrants issued to Jackson and the recognition of closing fees paid to Jackson in connection with the financing on September 15, 2017, that impact the interim periods in Fiscal 2017. On March 29, 2018 the Company filed an Item 4.02(a) Form 8-K disclosing the existence of a material misstatement within the financial statements included in the Company’s Form 10-Q filed for the third quarter ended September 30, 2017. While the impact of these errors is disclosed in the tables below, the Company will file an amended Form 10Q for the third quarter ended September 30, 2017 subsequent to this filing of this Form 10-K. The effects of the corrections of the errors on our consolidated balance sheets, statements of operations and statements of cash flows for the interim periods in Fiscal 2017 are presented in the tables below. As of September 30, 2017 (unaudited) As of July 1, 2017 (unaudited) As of April 1, 2017 (unaudited) Previously As Previously As Previously As Reported Adjustments Revised Reported Adjustments Revised Reported Adjustments Revised Current Assets $ 40,351 $ - $ 40,351 $ 21,401 $ - $ 21,401 $ 20,963 $ - $ 20,963 Long-Term Assets 53,774 - 53,774 28,734 - 28,734 29,319 - 29,319 Total Assets $ 94,125 $ - $ 94,125 $ 50,135 $ - $ 50,135 $ 50,282 $ - $ 50,282 Current Liabilities $ 46,841 $ - $ 46,841 $ 34,071 $ - $ 34,071 $ 33,861 $ - $ 33,861 Long-Term Liabilities 43,189 4,156 47,345 9,144 1,628 10,772 8,390 1,277 9,667 Total Liabilities 90,030 4,156 94,186 43,215 1,628 44,843 42,251 1,277 43,528 Mezzanine Equity - - - - - - 407 181 588 Common Stock - - - - - - - - - Preferred Stock - - - - - - - - - Additional Paid-In Capital 60,268 (2,527 ) 57,741 57,841 (2,168 ) 55,673 57,726 (1,787 ) 55,939 Accumulated Other Comprehensive Loss 662 - 662 552 - 552 833 - 833 Accumulated Deficit (56,835 ) (1,629 ) (58,464 ) (51,473 ) 540 (50,933 ) (50,935 ) 329 (50,606 ) Total Equity (Deficit) 4,095 (4,156 ) (61 ) 6,920 (1,628 ) 5,292 7,624 (1,458 ) 6,166 Total Liabilities and Equity (Deficit) $ 94,125 $ - $ 94,125 $ 50,135 $ - $ 50,135 $ 50,282 $ - $ 50,282 Three Months Ended April 1, 2017 (unaudited) Three Months Ended July 1, 2017 (unaudited) Six Months Ended July 1, 2017 (unaudited) Previously As Previously As Previously As Reported Adjustments Revised Reported Adjustments Revised Reported Adjustments Revised Revenue $ 40,712 $ - $ 40,712 $ 42,117 $ - $ 42,117 $ 82,829 $ - $ 82,829 Gross Profit 7,326 - 7,326 7,924 - 7,924 15,250 - 15,250 SG&A 7,627 (461 ) 7,166 6,338 76 6,414 13,965 (385 ) 13,580 Depreciation 760 - 760 760 - 760 1,520 - 1,520 Other - - - - - - - - - Total Operating Expenses 8,387 (461 ) 7,926 7,098 76 7,174 15,485 (385 ) 15,100 Loss From Operations (1,061 ) 461 (600 ) 826 (76 ) 750 (235 ) 385 150 Other Expenses (2,387 ) (132 ) (2,519 ) (1,363 ) 287 (1,076 ) (3,750 ) 155 (3,595 ) Loss Before Provision for Income Taxes (3,448 ) 329 (3,119 ) (537 ) 211 (326 ) (3,985 ) 540 (3,445 ) Provision for Income Taxes (5 ) - (5 ) (2 ) - (2 ) (7 ) - (7 ) Net Loss (3,453 ) 329 (3,124 ) (539 ) 211 (328 ) (3,992 ) 540 (3,452 ) Series A Dividend (50 ) - (50 ) (50 ) - (50 ) (100 ) - (100 ) Series D Deemed Dividend - (881 ) (881 ) - (1,128 ) (1,128 ) - (2,009 ) (2,009 ) Net Loss Attributable to Common Stock Holders $ (3,503 ) $ (552 ) $ (4,055 ) $ (589 ) $ (917 ) $ (1,506 ) $ (4,092 ) $ (1,469 ) $ (5,561 ) Basic and Diluted Net Loss per Share: Net Loss $ (1.42 ) $ 0.03 $ (1.38 ) $ (0.18 ) $ 0.06 $ (0.12 ) $ (1.48 ) $ 0.09 $ (1.39 ) Net Loss Attributable to Common Stock Holders $ (1.44 ) $ (0.36 ) $ (1.80 ) $ (0.20 ) $ (0.36 ) $ (0.55 ) $ (1.52 ) $ (0.72 ) $ (2.24 ) Weighted Average Shares Outstanding - Basic and Diluted 2,434,031 (176,705 ) 2,257,326 2,959,403 (244,214 ) 2,715,189 2,698,169 (210,646 ) 2,487,523 Three Months Ended September 30, 2017 (unaudited) Nine Months Ended September 30, 2017 (unaudited) Previously As Previously As Reported Adjustments Revised Reported Adjustments Revised Revenue $ 50,345 $ - $ 50,345 $ 133,174 $ - $ 133,174 Gross Profit 9,577 - 9,577 24,827 - 24,827 SG&A 9,140 (359 ) 8,781 23,105 (744 ) 22,361 Depreciation 790 - 790 2,310 - 2,310 Other - - - - - - Total Operating Expenses 9,930 (359 ) 9,571 25,415 (744 ) 24,671 Loss From Operations (353 ) 359 6 (588 ) 744 156 Other Expenses (4,803 ) (2,528 ) (7,331 ) (8,553 ) (2,373 ) (10,926 ) Loss Before Provision for Income Taxes (5,156 ) (2,169 ) (7,325 ) (9,141 ) (1,629 ) (10,770 ) Provision for Income Taxes (206 ) - (206 ) (213 ) - (213 ) Net Loss (5,362 ) (2,169 ) (7,531 ) (9,354 ) (1,629 ) (10,983 ) Series A Dividend (50 ) - (50 ) (150 ) - (150 ) Series D Deemed Dividend - - - - (2,009 ) (2,009 ) Net Loss Attributable to Common Stock Holders $ (5,412 ) $ (2,169 ) $ (7,581 ) $ (9,504 ) $ (3,638 ) $ (13,142 ) Basic and Diluted Net Loss per Share: Net Loss $ (1.67 ) $ (0.92 ) $ (2.59 ) $ (3.26 ) $ (0.92 ) $ (4.18 ) Net Loss Attributable to Common Stock Holders $ (1.69 ) $ (0.92 ) $ (2.61 ) $ (3.31 ) $ (1.69 ) $ (5.00 ) Weighted Average Shares Outstanding - Basic and Diluted 3,206,063 (295,924 ) 2,910,139 2,868,089 (239,176 ) 2,628,913 Three Months Ended April 1, 2017 (unaudited) Six Months Ended July 1, 2017 (unaudited) Nine Months Ended September 30, 2017 (unaudited) Previously As Previously As Previously As Reported Adjustments Revised Reported Adjustments Revised Reported Adjustments Revised Net Loss $ (3,453 ) $ 329 $ (3,124 ) $ (3,992 ) $ 540 $ (3,452 ) $ (9,354 ) $ (1,629 ) $ (10,983 ) Adjustments to reconcile net loss to net cash provided by (used in) operating activities: Non-cash addbacks 3,405 (329 ) 3,076 5,050 (540 ) 4,510 10,529 1,629 12,158 Changes in operating assets and liabilities 2,451 - 2,451 1,046 - 1,046 (3,962 ) - (3,962 ) Net cash (used in) provided by operating activities 2,403 - 2,403 2,104 - 2,104 (2,787 ) - (2,787 ) Net cash used in investing activities (1,070 ) - (1,070 ) (1,201 ) - (1,201 ) (22,080 ) - (22,080 ) Net cash provided by financing activities (1,492 ) - (1,492 ) (1,025 ) - (1,025 ) 29,599 - 29,599 Net (decrease) increase in cash (159 ) - (159 ) (122 ) - (122 ) 4,732 - 4,732 Foreign currency translation (2 ) - (2 ) (2 ) - (2 ) (2 ) - (2 ) Cash - beginning of period 650 - 650 650 - 650 650 - 650 Cash - end of period $ 489 $ - $ 489 $ 526 $ - $ 526 $ 5,380 $ - $ 5,380 |