REVISION OF PREVIOUSLY ISSUED FINANCIAL STATEMENTS | REVISION OF PREVIOUSLY ISSUED FINANCIAL STATEMENTS During the period ended September 30, 2023, the Company identified immaterial prior period errors related to following: 1) accounting for the ELOC as a derivative instrument; 2) classification of Lender Fees and allocation of the warrants in connection with the Term Loan; and 3) the incorrect recording of in-kind dividends associated with the Company’s Series A Preferred Stock. The identified errors were included in the Company's previously issued quarterly condensed consolidated financial statements for the three and six months ended March 31, 2023 and June 30, 2023. In accordance with SEC Staff Accounting Bulletin No. 99, “Materiality,” and SEC Staff Accounting Bulletin No. 108, “Considering the Effects of Prior Year Misstatements when Quantifying Misstatements in Current Year Financial Statements;” the Company evaluated the errors and determined that the related impacts were not material to its condensed consolidated financial statements for the prior year periods when they occurred, but the Company determined it would be appropriate to correct the errors in the current period in the Company’s consolidated statements of operations and comprehensive loss, consolidated balance sheets, consolidated statements of cash flows or consolidated statements of stockholders’ deficit for any periods impacted. The Company has revised the previously issued condensed consolidated balance sheets, condensed consolidated statements of operations and comprehensive loss, condensed consolidated statements of cash flows and condensed consolidated statements of redeemable convertible preferred stock and stockholders’ deficit as of and for the three and six months ended June 30, 2023, and as of and for the three months ended March 31, 2023 . All relevant prior period amounts affected by these revisions have been corrected in the notes in this Form 10-Q. The following tables reflect the impact of these revisions on the Company’s unaudited condensed consolidated financial statements as of and for the three and six months ended June 30, 2023 ( dollars in thousands, except per share amounts ): June 30, 2023 Condensed Consolidated Balance Sheet As Previously Reported Adjustment As Revised Accrued liabilities $ 16,381 $ (2,872) $ 13,509 Total current liabilities 27,003 (2,872) 24,131 Notes payable, net of current portion 66,428 15,872 82,300 Other non-current liabilities 16,824 (12,821) 4,003 Total liabilities 118,789 179 118,968 Additional paid-in capital 564,197 3,597 567,794 Accumulated deficit (550,403) (3,776) (554,179) Total stockholders’ equity 38,789 (179) 38,610 Total liabilities and stockholders’ equity $ 157,578 $ — $ 157,578 Three Months Ended June 30, 2023 Condensed Consolidated Statements of Operations And Comprehensive Loss As Previously Reported Adjustment As Revised General and administrative $ 6,377 $ 47 $ 6,424 Loss from operations (16,436) (47) (16,483) Other income (expense), net 493 (1,328) (835) Total other expense, net (5,079) (1,328) (6,407) Loss before provision for income taxes (21,515) (1,375) (22,890) Net loss (21,932) (1,375) (23,307) Less: accrual of Series A Preferred Stock paid-in-kind dividends — (877) (877) Net loss attributable to common stockholders $ (21,932) $ (2,252) $ (24,184) Net loss per share: Basic and diluted $ (0.10) $ (0.01) $ (0.11) Six Months Ended June 30, 2023 Condensed Consolidated Statements of Operations And Comprehensive Loss As Previously Reported Adjustment As Revised General and administrative $ 13,502 $ 211 $ 13,713 Loss from operations (41,474) (211) (41,685) Other income (expense), net 587 (2,225) (1,638) Total other expense, net (6,081) (2,225) (8,306) Loss before provision for income taxes (47,555) (2,436) (49,991) Net loss (48,301) (2,436) (50,737) Less: accrual of Series A Preferred Stock paid-in-kind dividends — (1,559) (1,559) Net loss attributable to common stockholders $ (48,301) $ (3,995) $ (52,296) Net loss per share: Basic and diluted $ (0.23) $ (0.02) $ (0.25) Three Months Ended June 30, 2023 Condensed Consolidated Statement of Stockholders' Equity (Deficit) As Previously Reported Adjustment As Revised Additional paid-in capital $ 564,197 $ 3,597 $ 567,794 Accumulated deficit (550,403) (3,776) (554,179) Net loss $ (21,932) $ (1,375) $ (23,307) Six Months Ended June 30, 2023 Condensed Consolidated Statements of Cash Flows As Previously Reported Adjustment As Revised Net loss $ (48,301) $ (2,436) $ (50,737) Adjustments to reconcile net loss to net cash used in operating activities: Loss on change in fair value of ELOC program — 1,901 1,901 Changes in operating assets and liabilities Other non-current assets 628 (265) 363 Accrued liabilities 5,045 250 5,295 Net cash used in operating activities (33,651) (550) (34,201) Proceeds from sales of common stock under the ELOC program, net 70,905 550 71,455 Net cash provided by financing activities $ 154,008 $ 550 $ 154,558 Noncash financing activities: Accrued and unpaid debt issuance costs $ 16,461 $ (16,461) $ — Non-cash debt discount 4,315 (179) 4,136 Issuance of common stock to settle commitment shares related to the ELOC program $ — $ 915 $ 915 The following tables reflect the impact of these revisions on the Company’s unaudited condensed consolidated financial statements for the three months ended March 31, 2023 ( dollars in thousands, except per share amounts ): March 31, 2023 Condensed Consolidated Balance Sheet As Previously Reported Adjustment As Revised Other non-current assets $ 2,074 $ (432) $ 1,642 Total assets 72,803 (432) 72,371 Additional paid-in capital 505,889 1,969 507,858 Accumulated deficit (528,471) (2,401) (530,872) Total stockholders’ deficit 2,382 (432) 1,950 Total liabilities and stockholders’ deficit $ 72,803 $ (432) $ 72,371 Three Months Ended March 31, 2023 Condensed Consolidated Statements of Operations And Comprehensive Loss As Previously Reported Adjustment As Revised General and administrative $ 7,125 $ 165 $ 7,290 Loss from operations (25,038) (165) (25,203) Other income (expense), net 94 (896) (802) Total other expense, net (1,002) (896) (1,898) Loss before provision for income taxes (26,040) (1,061) (27,101) Net loss (26,369) (1,061) (27,430) Less: accrual of Series A Preferred Stock paid-in-kind dividends — (682) (682) Net loss attributable to common stockholders $ (26,369) $ (1,743) $ (28,112) Net loss per share: Basic and diluted $ (0.13) $ (0.01) $ (0.14) Three Months Ended March 31, 2023 Condensed Consolidated Statement of Stockholders' Equity (Deficit) As Previously Reported Adjustment As Revised Additional paid-in capital $ 505,889 $ 1,969 $ 507,858 Accumulated deficit (528,471) (2,401) (530,872) Net loss $ (26,369) $ (1,061) $ (27,430) Three Months Ended March 31, 2023 Condensed Consolidated Statements of Cash Flows As Previously Reported Adjustment As Revised Net loss $ (26,369) $ (1,061) $ (27,430) Adjustments to reconcile net loss to net cash used in operating activities: Loss on change in fair value of ELOC program — 571 571 Changes in operating assets and liabilities Other non-current assets 19 167 186 Accrued liabilities 4,306 250 4,556 Net cash used in operating activities (14,467) (73) (14,540) Payment of financing costs associated with ELOC program — (250) (250) Proceeds from sales of common stock under the ELOC program, net 28,360 323 28,683 Net cash provided by financing activities $ 51,568 $ 73 $ 51,641 Noncash financing activities: Issuance of common stock to settle commitment shares related to the ELOC program $ — $ 915 $ 915 |