RESTATEMENT OF PREVIOUSLY ISSUED CONSOLIDATED FINANCIAL STATEMENTS | 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 27, 2023, the Company discovered that in prior years it had not appropriately accounted for the deferred tax asset associated with its investment in SSE Holdings, primarily due to incorrect accounting for state tax depreciation. The error resulted in an overstatement of income tax expense of approximately $2,862 for the fiscal year ended December 28, 2022 and an understatement of income tax benefit of $4,094 for the fiscal year ended December 29, 2021 and deferred tax assets were understated for the impacted periods. The error also resulted in an understatement of retained earnings and deferred tax assets as of December 26, 2020 of approximately $10,094 related to prior periods. The error did not impact total revenue or loss before income taxes for the fiscal years ended December 28, 2022 and December 29, 2021. The misstatements were material to the previously issued financial statements of the Company and as a result, the Company has restated its Consolidated Balance Sheets, Consolidated Statements of Loss, Consolidated Statements of Comprehensive Loss, Consolidated Statements of Stockholder's Equity, and Consolidated Statements of Cash Flows as of and for the fiscal years ended December 28, 2022 and December 29, 2021 presented herein. The restatement includes adjustments to Deferred income taxes, net, Additional paid-in capital, Retained earnings (accumulated deficit), Income tax expense (benefit), Net income (loss), Net income (loss) attributable to Shake Shack Inc., and Earnings (loss) per share. The impact of the correction of the misstatements is summarized below: As of December 28, 2022 As of December 29, 2021 CORRECTED CONSOLIDATED BALANCE SHEETS As previously reported Impact of Adjustment As Restated As previously reported Impact of Adjustment As Restated Deferred income taxes, net $ 300,538 $ 17,088 $ 317,626 $ 298,668 $ 14,205 $ 312,873 Total assets 1,494,862 17,088 1,511,950 1,457,570 14,205 1,471,775 Additional paid-in capital 415,611 38 415,649 405,940 17 405,957 Retained earnings (accumulated deficit) (20,537) 17,050 (3,487) 3,554 14,188 17,742 Total equity 419,748 17,088 436,836 435,600 14,205 449,805 Total liabilities and stockholders' equity 1,494,862 17,088 1,511,950 1,457,570 14,205 1,471,775 For the Fiscal Year Ended For the Fiscal Year Ended CORRECTED CONSOLIDATED STATEMENTS OF LOSS As previously reported Impact of Adjustment As Restated As previously reported Impact of Adjustment As Restated Income tax expense (benefit) $ 1,682 $ (2,862) $ (1,180) $ (7,224) $ (4,094) $ (11,318) Net loss (25,967) 2,862 (23,105) (10,111) 4,094 (6,017) Net loss attributable to Shake Shack Inc. (24,091) 2,862 (21,229) (8,655) 4,094 (4,561) Loss per share of Class A common stock: Basic $ (0.61) $ 0.07 $ (0.54) $ (0.22) $ 0.10 $ (0.12) Diluted $ (0.61) $ 0.07 $ (0.54) $ (0.22) $ 0.10 $ (0.12) For the Fiscal Year Ended For the Fiscal Year Ended CORRECTED CONSOLIDATED STATEMENTS OF CASH FLOWS As previously reported Impact of Adjustment As Restated As previously reported Impact of Adjustment As Restated Net income (loss) (including amounts attributable to non-controlling interests) $ (25,967) $ 2,862 $ (23,105) $ (10,111) $ 4,094 $ (6,017) Deferred income taxes (3,357) (1,657) (5,014) (10,379) (4,094) (14,473) Accrued expenses 4,707 (1,205) 3,502 7,175 — 7,175 Net cash provided by Operating activities 76,742 — 76,742 58,404 — 58,404 Additional Paid-In Capital Retained Earnings (Accumulated Deficit) CORRECTED CONSOLIDATED STATEMENTS OF STOCKHOLDERS' EQUITY As previously reported Impact of Adjustment As Restated As previously reported Impact of Adjustment As Restated BALANCE AT DECEMBER 30, 2020 $ 395,067 $ — $ 395,067 $ 12,209 $ 10,094 $ 22,303 Net loss — — — (8,655) 4,094 (4,561) Establishment of liabilities under tax receivable agreement and related changes to deferred tax assets associated with increases in tax basis 208 17 225 — — — BALANCE AT DECEMBER 29, 2021 405,940 17 405,957 3,554 14,188 17,742 Net loss — — — (24,091) 2,862 (21,229) Establishment of liabilities under tax receivable agreement and related changes to deferred tax assets associated with increases in tax basis (1,182) 21 (1,161) — — — BALANCE AT DECEMBER 28, 2022 $ 415,611 $ 38 $ 415,649 $ (20,537) $ 17,050 $ (3,487) 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) The Company has restated its unaudited Condensed Consolidated Balance Sheets and Condensed Consolidated Statements of Stockholder's Equity for the quarterly periods ended March 30, 2022, June 29, 2022, September 28, 2022, March 29, 2023, June 28, 2023 and September 27, 2023. The Condensed Consolidated Statements of Income (Loss) and Condensed Consolidated Statements of Cash Flows for the periods ended March 30, 2022, June 29, 2022, September 28, 2022, March 29, 2023, June 28, 2023 and September 27, 2023 were not impacted by the misstatement. As of March 29, 2023 As of March 30, 2022 CORRECTED CONDENSED CONSOLIDATED BALANCE SHEETS (UNAUDITED) As previously reported Impact of Adjustment As Restated As previously reported Impact of Adjustment As Restated ASSETS Current assets: Cash and cash equivalents $ 293,430 $ — $ 293,430 $ 279,251 $ — $ 279,251 Marketable securities — — — 79,676 — 79,676 Accounts receivable, net 14,175 — 14,175 11,755 — 11,755 Inventories 4,394 — 4,394 3,780 — 3,780 Prepaid expenses and other current assets 18,075 — 18,075 12,155 — 12,155 Total current assets 330,074 — 330,074 386,617 — 386,617 Property and equipment, net of accumulated depreciation of $310,939 and $236,933, respectively 479,617 — 479,617 398,971 — 398,971 Operating lease assets 379,475 — 379,475 346,128 — 346,128 Deferred income taxes, net 301,538 17,088 318,626 304,166 14,205 318,371 Other assets 16,211 — 16,211 13,846 — 13,846 TOTAL ASSETS $ 1,506,915 $ 17,088 $ 1,524,003 $ 1,449,728 $ 14,205 $ 1,463,933 LIABILITIES AND STOCKHOLDERS' EQUITY Current liabilities: Accounts payable $ 16,002 $ — $ 16,002 $ 13,395 $ — $ 13,395 Accrued expenses 45,677 — 45,677 38,997 — 38,997 Accrued wages and related liabilities 18,678 — 18,678 16,032 — 16,032 Operating lease liabilities, current 44,578 — 44,578 36,951 — 36,951 Other current liabilities 18,117 — 18,117 20,586 — 20,586 Total current liabilities 143,052 — 143,052 125,961 — 125,961 Long-term debt 244,851 — 244,851 243,804 — 243,804 Long-term operating lease liabilities 441,554 — 441,554 399,487 — 399,487 Liabilities under tax receivable agreement, net of current portion 235,361 — 235,361 234,273 — 234,273 Other long-term liabilities 22,192 — 22,192 20,944 — 20,944 Total liabilities 1,087,010 — 1,087,010 1,024,469 — 1,024,469 Commitments and contingencies Stockholders' equity: Preferred stock, no par value—10,000,000 shares authorized; none issued and outstanding as of March 29, 2023 and March 30, 2022. — — — — — — Class A common stock, $0.001 par value—200,000,000 shares authorized; 39,404,905 and 39,218,290 shares issued and outstanding as of March 29, 2023 and March 30, 2022, respectively. 39 — 39 39 — 39 Class B common stock, $0.001 par value—35,000,000 shares authorized; 2,844,513 and 2,911,587 shares issued and outstanding as of March 29, 2023 and March 30, 2022, respectively. 3 — 3 3 — 3 Additional paid-in capital 417,451 38 417,489 406,981 17 406,998 Retained earnings (accumulated deficit) (22,071) 17,050 (5,021) (6,608) 14,188 7,580 Accumulated other comprehensive loss (4) — (4) — — — Total stockholders' equity attributable to Shake Shack Inc. 395,418 17,088 412,506 400,415 14,205 414,620 Non-controlling interests 24,487 — 24,487 24,844 — 24,844 Total equity 419,905 17,088 436,993 425,259 14,205 439,464 TOTAL LIABILITIES AND STOCKHOLDERS' EQUITY $ 1,506,915 $ 17,088 $ 1,524,003 $ 1,449,728 $ 14,205 $ 1,463,933 As of June 28, 2023 As of June 29, 2022 CORRECTED CONDENSED CONSOLIDATED BALANCE SHEETS (UNAUDITED) As previously reported Impact of Adjustment As Restated As previously reported Impact of Adjustment As Restated ASSETS Current assets: Cash and cash equivalents $ 203,697 $ — $ 203,697 $ 278,332 $ — $ 278,332 Marketable securities 91,537 — 91,537 79,625 — 79,625 Accounts receivable, net 14,332 — 14,332 11,936 — 11,936 Inventories 4,674 — 4,674 3,955 — 3,955 Prepaid expenses and other current assets 15,278 — 15,278 13,727 — 13,727 Total current assets 329,518 — 329,518 387,575 — 387,575 Property and equipment, net of accumulated depreciation of $331,571 and $254,291, respectively 500,085 — 500,085 411,018 — 411,018 Operating lease assets 385,386 — 385,386 361,522 — 361,522 Deferred income taxes, net 302,025 17,088 319,113 305,230 14,205 319,435 Other assets 15,802 — 15,802 14,735 — 14,735 TOTAL ASSETS $ 1,532,816 $ 17,088 $ 1,549,904 $ 1,480,080 $ 14,205 $ 1,494,285 LIABILITIES AND STOCKHOLDERS' EQUITY Current liabilities: Accounts payable $ 17,005 $ — $ 17,005 $ 16,420 $ — $ 16,420 Accrued expenses 50,588 — 50,588 40,013 — 40,013 Accrued wages and related liabilities 18,221 — 18,221 18,440 — 18,440 Operating lease liabilities, current 46,490 — 46,490 38,775 — 38,775 Other current liabilities 17,881 — 17,881 20,261 — 20,261 Total current liabilities 150,185 — 150,185 133,909 — 133,909 Long-term debt 245,113 — 245,113 244,066 — 244,066 Long-term operating lease liabilities 448,580 — 448,580 418,010 — 418,010 Liabilities under tax receivable agreement, net of current portion 235,361 — 235,361 234,862 — 234,862 Other long-term liabilities 22,218 — 22,218 21,597 — 21,597 Total liabilities 1,101,457 — 1,101,457 1,052,444 — 1,052,444 Commitments and contingencies Stockholders' equity: Preferred stock, no par value—10,000,000 shares authorized; none issued and outstanding as of June 28, 2023 and June 29, 2022. — — — — — — Class A common stock, $0.001 par value—200,000,000 shares authorized; 39,449,246 and 39,266,670 shares issued and outstanding as of June 28, 2023 and June 29, 2022, respectively. 39 — 39 39 — 39 Class B common stock, $0.001 par value—35,000,000 shares authorized; 2,844,513 and 2,871,513 shares issued and outstanding as of June 28, 2023 and June 29, 2022, respectively. 3 — 3 3 — 3 Additional paid-in capital 421,356 38 421,394 410,520 17 410,537 Retained earnings (accumulated deficit) (15,123) 17,050 1,927 (7,796) 14,188 6,392 Accumulated other comprehensive loss (4) — (4) (1) — (1) Total stockholders' equity attributable to Shake Shack Inc. 406,271 17,088 423,359 402,765 14,205 416,970 Non-controlling interests 25,088 — 25,088 24,871 — 24,871 Total equity 431,359 17,088 448,447 427,636 14,205 441,841 TOTAL LIABILITIES AND STOCKHOLDERS' EQUITY $ 1,532,816 $ 17,088 $ 1,549,904 $ 1,480,080 $ 14,205 $ 1,494,285 As of September 27, 2023 As of September 28, 2022 CORRECTED CONDENSED CONSOLIDATED BALANCE SHEETS (UNAUDITED) As previously reported Impact of Adjustment As Restated As previously reported Impact of Adjustment As Restated ASSETS Current assets: Cash and cash equivalents $ 190,020 $ — $ 190,020 $ 256,998 $ — $ 256,998 Marketable securities 94,957 — 94,957 80,015 — 80,015 Accounts receivable, net 13,889 — 13,889 11,800 — 11,800 Inventories 4,608 — 4,608 3,996 — 3,996 Prepaid expenses and other current assets 19,762 — 19,762 14,246 — 14,246 Total current assets 323,236 — 323,236 367,055 — 367,055 Property and equipment, net of accumulated depreciation of $353,303 and $271,938, respectively 525,557 — 525,557 441,870 — 441,870 Operating lease assets 397,870 — 397,870 370,536 — 370,536 Deferred income taxes, net 302,156 17,088 319,244 306,976 14,205 321,181 Other assets 16,037 — 16,037 15,330 — 15,330 TOTAL ASSETS $ 1,564,856 $ 17,088 $ 1,581,944 $ 1,501,767 $ 14,205 $ 1,515,972 LIABILITIES AND STOCKHOLDERS' EQUITY Current liabilities: Accounts payable $ 21,251 $ — $ 21,251 $ 17,210 $ — $ 17,210 Accrued expenses 47,630 — 47,630 49,387 — 49,387 Accrued wages and related liabilities 18,164 — 18,164 17,758 — 17,758 Operating lease liabilities, current 47,610 — 47,610 40,690 — 40,690 Other current liabilities 17,522 — 17,522 19,497 — 19,497 Total current liabilities 152,177 — 152,177 144,542 — 144,542 Long-term debt 245,375 — 245,375 244,328 — 244,328 Long-term operating lease liabilities 463,370 — 463,370 429,165 — 429,165 Liabilities under tax receivable agreement, net of current portion 235,614 — 235,614 234,892 — 234,892 Other long-term liabilities 26,322 — 26,322 20,588 — 20,588 Total liabilities 1,122,858 — 1,122,858 1,073,515 — 1,073,515 Commitments and contingencies Stockholders' equity: Preferred stock, no par value—10,000,000 shares authorized; none issued and outstanding as of September 27, 2023 and September 28, 2022. — — — — — — Class A common stock, $0.001 par value—200,000,000 shares authorized; 39,466,268 and 39,279,699 shares issued and outstanding as of September 27, 2023 and September 28, 2022, respectively. 39 — 39 39 — 39 Class B common stock, $0.001 par value—35,000,000 shares authorized; 2,834,513 and 2,869,513 shares issued and outstanding as of September 27, 2023 and September 28, 2022, respectively. 3 — 3 3 — 3 Additional paid-in capital 423,811 38 423,849 413,274 17 413,291 Retained earnings (accumulated deficit) (7,496) 17,050 9,554 (9,820) 14,188 4,368 Accumulated other comprehensive loss (3) — (3) (1) — (1) Total stockholders' equity attributable to Shake Shack Inc. 416,354 17,088 433,442 403,495 14,205 417,700 Non-controlling interests 25,644 — 25,644 24,757 — 24,757 Total equity 441,998 17,088 459,086 428,252 14,205 442,457 TOTAL LIABILITIES AND STOCKHOLDERS' EQUITY $ 1,564,856 $ 17,088 $ 1,581,944 $ 1,501,767 $ 14,205 $ 1,515,972 Thirteen Weeks Ended CONDENSED CONSOLIDATED STATEMENTS OF LOSS (UNAUDITED) March 29 March 30 Shack sales $ 244,254 $ 196,791 Licensing revenue 9,024 6,600 TOTAL REVENUE 253,278 203,391 Shack-level operating expenses: Food and paper costs 71,772 59,884 Labor and related expenses 74,264 60,465 Other operating expenses 34,936 30,171 Occupancy and related expenses 18,583 16,276 General and administrative expenses 31,311 31,386 Depreciation and amortization expense 21,322 16,855 Pre-opening costs 3,557 2,712 Impairment and loss on disposal of assets 722 577 TOTAL EXPENSES 256,467 218,326 LOSS FROM OPERATIONS (3,189) (14,935) Other income (expense), net 2,837 (289) Interest expense (403) (355) LOSS BEFORE INCOME TAXES (755) (15,579) Income tax expense (benefit) 867 (4,297) NET LOSS (1,622) (11,282) Less: Net loss attributable to non-controlling interests (88) (1,120) NET LOSS ATTRIBUTABLE TO SHAKE SHACK INC. $ (1,534) $ (10,162) Loss per share of Class A common stock: Basic $ (0.04) $ (0.26) Diluted $ (0.04) $ (0.26) Weighted average shares of Class A common stock outstanding: Basic 39,332 39,163 Diluted 39,332 39,163 Thirteen Weeks Ended CONDENSED CONSOLIDATED STATEMENTS OF INCOME (LOSS) (UNAUDITED) June 28 June 29 Shack sales $ 261,810 $ 223,054 Licensing revenue 9,995 7,698 TOTAL REVENUE 271,805 230,752 Shack-level operating expenses: Food and paper costs 75,800 65,987 Labor and related expenses 75,158 65,851 Other operating expenses 36,109 32,151 Occupancy and related expenses 19,801 16,657 General and administrative expenses 31,476 29,487 Depreciation and amortization expense 22,252 18,087 Pre-opening costs 5,577 2,823 Impairment and loss on disposal of assets 884 528 TOTAL EXPENSES 267,057 231,571 INCOME (LOSS) FROM OPERATIONS 4,748 (819) Other income, net 3,227 538 Interest expense (405) (315) INCOME (LOSS) BEFORE INCOME TAXES 7,570 (596) Income tax expense 347 707 NET INCOME (LOSS) 7,223 (1,303) Less: Net income (loss) attributable to non-controlling interests 275 (115) NET INCOME (LOSS) ATTRIBUTABLE TO SHAKE SHACK INC. $ 6,948 $ (1,188) Earnings (loss) per share of Class A common stock: Basic $ 0.18 $ (0.03) Diluted $ 0.16 $ (0.03) Weighted average shares of Class A common stock outstanding: Basic 39,416 39,227 Diluted 43,886 39,227 Thirteen Weeks Ended CONDENSED CONSOLIDATED STATEMENTS OF INCOME (LOSS) (UNAUDITED) September 27 September 28 Shack sales $ 264,980 $ 219,501 Licensing revenue 11,227 8,313 TOTAL REVENUE 276,207 227,814 Shack-level operating expenses: Food and paper costs 77,180 67,774 Labor and related expenses 76,233 64,638 Other operating expenses 37,307 33,680 Occupancy and related expenses 20,300 17,337 General and administrative expenses 30,939 26,931 Depreciation and amortization expense 23,130 18,647 Pre-opening costs 4,969 3,041 Impairment and loss on disposal of assets 492 592 TOTAL EXPENSES 270,550 232,640 INCOME (LOSS) FROM OPERATIONS 5,657 (4,826) Other income, net 3,441 1,482 Interest expense (433) (475) INCOME (LOSS) BEFORE INCOME TAXES 8,665 (3,819) Income tax expense (benefit) 529 (1,508) NET INCOME (LOSS) 8,136 (2,311) Less: Net income (loss) attributable to non-controlling interests 509 (287) NET INCOME (LOSS) ATTRIBUTABLE TO SHAKE SHACK INC. $ 7,627 $ (2,024) Earnings (loss) per share of Class A common stock: Basic $ 0.19 $ (0.05) Diluted $ 0.19 $ (0.05) Weighted average shares of Class A common stock outstanding: Basic 39,460 39,274 Diluted 43,978 39,274 CORRECTED CONDENSED CONSOLIDATED STATEMENTS OF STOCKHOLDERS' EQUITY (UNAUDITED) For the Thirteen Weeks Ended March 30, 2022 Class A Class B Additional Retained Earnings (Accumulated deficit) Accumulated Other Comprehensive Income (Loss) Non- Total Shares Amount Shares Amount BALANCE DECEMBER 29, 2021 (As Reported) 39,142,397 $ 39 2,921,587 $ 3 $ 405,940 $ 3,554 $ 1 $ 26,063 $ 435,600 Effect of restatement — — — — 17 14,188 — — 14,205 BALANCE DECEMBER 29, 2021 (As Restated) 39,142,397 39 2,921,587 3 405,957 17,742 1 26,063 449,805 Net loss — — — — — (10,162) — (1,120) (11,282) Other comprehensive income: Net change in foreign currency translation adjustment — — — — — — (1) — (1) Equity-based compensation — — — — 3,224 — — — 3,224 Activity under stock compensation plan 65,893 — — — (2,276) — — 252 (2,024) Redemption of LLC interests 10,000 — (10,000) — 49 — — (49) — Establishment of liabilities under tax receivable agreement and related changes to deferred tax assets associated with increases in tax basis — — — — 44 — — — 44 Distributions paid to non-controlling interest holders — — — — — — — (302) (302) BALANCE MARCH 30, 2022 (As Restated) 39,218,290 $ 39 2,911,587 $ 3 $ 406,998 $ 7,580 $ — $ 24,844 $ 439,464 For the thirteen weeks ended June 29, 2022 and September 28, 2022, the effect of the restatement is included in the beginning balances as of March 30, 2022 and June 29, 2022, respectively. As such, only the restated Condensed Consolidated Statements of Stockholders' Equity are shown below. CORRECTED CONDENSED CONSOLIDATED STATEMENTS OF STOCKHOLDERS' EQUITY (UNAUDITED) For the Thirteen Weeks Ended June 29, 2022 Class A Class B Additional Retained Earnings (Accumulated deficit) Accumulated Other Comprehensive Income (Loss) Non- Total Shares Amount Shares Amount BALANCE MARCH 30, 2022 (As Restated) 39,218,290 $ 39 2,911,587 $ 3 $ 406,998 $ 7,580 $ — $ 24,844 $ 439,464 Net loss — — — — — (1,188) — (115) (1,303) Other comprehensive income: . Net change in foreign currency translation adjustment — — — — — — (1) — (1) Equity-based compensation — — — — 3,501 — — — 3,501 Activity under stock compensation plan 8,306 — — — (332) — — 421 89 Redemption of LLC interests 40,074 — (40,074) — 257 — — (257) — Establishment of liabilities under tax receivable agreement and related changes to deferred tax assets associated with increases in tax basis — — — — 113 — — — 113 Distributions paid to non-controlling interest holders — — — — — — — (22) (22) BALANCE JUNE 29, 2022 (As Restated) 39,266,670 $ 39 2,871,513 $ 3 $ 410,537 $ 6,392 $ (1) $ 24,871 $ 441,841 CORRECTED CONDENSED CONSOLIDATED STATEMENTS OF STOCKHOLDERS' EQUITY (UNAUDITED) For the Thirteen Weeks Ended September 28, 2022 Class A Class B Additional Retained Earnings (Accumulated deficit) Accumulated Other Comprehensive Income (Loss) Non- Total Shares Amount Shares Amount BALANCE JUNE 29, 2022 (As Restated) 39,266,670 $ 39 2,871,513 $ 3 $ 410,537 $ 6,392 $ (1) $ 24,871 $ 441,841 Net loss — — — — — (2,024) — (287) (2,311) Other comprehensive income: . Net change in foreign currency translation adjustment — — — — — — — — — Equity-based compensation — — — — 3,570 — — — 3,570 Activity under stock compensation plan 11,029 — — — (182) — — 245 63 Redemption of LLC interests 2,000 — (2,000) — 7 — — (7) — Establishment of liabilities under tax receivable agreement and related changes to deferred tax assets associated with increases in tax basis — — — — (641) — — — (641) Distributions paid to non-controlling interest holders — — — — — — — (65) (65) BALANCE SEPTEMBER 28, 2022 (As Restated) 39,279,699 $ 39 2,869,513 $ 3 $ 413,291 $ 4,368 $ (1) $ 24,757 $ 442,457 CORRECTED CONDENSED CONSOLIDATED STATEMENTS OF STOCKHOLDERS' EQUITY (UNAUDITED) For the Thirteen Weeks Ended March 29, 2023 Class A Class B Additional Retained Earnings (Accumulated deficit) Accumulated Other Comprehensive Income (Loss) Non- Total Shares Amount Shares Amount BALANCE DECEMBER 28, 2022 (As Reported) 39,284,998 $ 39 2,869,513 $ 3 $ 415,611 $ (20,537) $ — $ 24,632 $ 419,748 Effect of restatement — — — — 38 17,050 — — 17,088 BALANCE DECEMBER 28, 2022 (As Restated) 39,284,998 39 2,869,513 3 415,649 (3,487) — 24,632 436,836 Net loss — — — — — (1,534) — (88) (1,622) Other comprehensive loss: Net change in foreign currency translation adjustment — — — — — — (4) — (4) Equity-based compensation — — — — 3,864 — — — 3,864 Activity under stock compensation plan 94,907 — — — (2,699) — — 186 (2,513) Redemption of LLC interests 25,000 — (25,000) — 194 — — (194) — Establishment of liabilities under tax receivable agreement and related changes to deferred tax assets associated with increases in tax basis — — — — 481 — — — 481 Distributions paid to non-controlling interest holders — — — — — — — (49) (49) BALANCE MARCH 29, 2023 (As Restated) 39,404,905 $ 39 2,844,513 $ 3 $ 417,489 $ (5,021) $ (4) $ 24,487 $ 436,993 For the thirteen weeks ended June 28, 2023 and September 27, 2023, the effect of the restatement is included in the beginning balances as of March 29, 2023 and June 28, 2023, respectively. As such, only the restated Condensed Consolidated Statements of Stockholders' Equity are shown below. CORRECTED CONDENSED CONSOLIDATED STATEMENTS OF STOCKHOLDERS' EQUITY (UNAUDITED) For the Thirteen Weeks Ended June 28, 2023 Class A Class B Additional Retained Earnings (Accumulated deficit) Accumulated Other Comprehensive Income (Loss) Non- Total Shares Amount Shares Amount BALANCE MARCH 29, 2023 39,404,905 $ 39 2,844,513 $ 3 $ 417,489 $ (5,021) $ (4) $ 24,487 $ 436,993 Net income — — — — — 6,948 — 275 7,223 Other comprehensive income (loss): Net change in foreign currency translation adjustment — — — — — — — — — Equity-based compensation — — — — 4,011 — — — 4,011 Activity under stock compensation plan 44,341 — — — 145 — — 329 474 Redemption of LLC interests — — — — — — — — — Establishment of liabilities under tax receivable agreement and related changes to deferred tax assets associated with increases in tax basis — — — — (251) — — — (251) Distributions paid to non-controlling interest holders — — — — — — — (3) (3) BALANCE JUNE 28, 2023 (As Restated) 39,449,246 $ 39 2,844,513 $ 3 $ 421,394 $ 1,927 $ (4) $ 25,088 $ 448,447 CORRECTED CONDENSED CONSOLIDATED STATEMENTS OF STOCKHOLDERS' EQUITY (UNAUDITED) For the Thirteen Weeks Ended September 27, 2023 Class A Class B Additional Retained Earnings (Accumulated deficit) Accumulated Other Comprehensive Income (Loss) Non- Total Shares Amount Shares Amount BALANCE JUNE 28, 2023 (As Restated) 39,449,246 $ 39 2,844,513 $ 3 $ 421,394 $ 1,927 $ (4) $ 25,088 $ 448,447 Net income — — — — — 7,627 — 509 8,136 Other comprehensive income: . Net change in foreign currency translation adjustment — — — — — — 1 — 1 Equity-based compensation — — — — 3,563 — — — 3,563 Activity under stock compensation plan 7,022 — — — (469) — — 197 (272) Redemption of LLC interests 10,000 — (10,000) — 71 — — (71) — Establishment of liabilities under tax receivable agreement and related changes to deferred tax assets associated with increases in tax basis — — — — (710) — — — (710) Distributions paid to non-controlling interest holders — — — — — — — (79) (79) BALANCE SEPTEMBER 27, 2023 (As Restated) 39,466,268 $ 39 2,834,513 $ 3 $ 423,849 $ 9,554 $ (3) $ 25,644 $ 459,086 |