Stockholders’ Permanent and Temporary Equity | Note 9 – Stockholders’ Permanent and Temporary Equity Common Stock On June 5, 2023, the Company issued 3,044,152 1.2 1,977,749 1,156,778 During the nine months ended September 30, 2023, the Company entered into investor marketing agreements with two vendors in which the Company issued an aggregate of 510,000 605,200 Equity Offerings On April 28, 2023, the Company completed an offering of 11,015,500 11,015,500 11.0 1.00 1,184,482 440,620 455,332 259,774 28,756 On July 26, 2023, the Company completed a public offering of 3,256,060 9,471,213 12,727,273 0.165 2.1 0.0001 five years 0.165 523,115 125,943 236,091 87,037 26,744 47,300 Redemptions of Series A Preferred Stock On or about April 28, 2023, cash proceeds from the Registered Offering in the amount of $ 10.5 8,400 10.5 3.8 6.7 On August 3, 2023, the Company entered into a redemption agreement and release with an investor which resulted in the Company, on August 4, 2023, redeeming 150 200 86,250 2.00 230,000 84,315 Triggering of Down Round Provisions As a result of the Registered Offering, (a) the exercise price of the Series A Warrants to purchase 863,500 11.50 2.00 4,965,125 1.4 235 10.00 2.00 37,000 10.00 5,062 7.00 0.1 Conversion of Series A Preferred Stock Following the triggering of the down round provision, the holders of 35 17,500 2.00 Temporary Equity See Note 8 – “Commitments and Contingencies” for discussion of the movement of temporary equity to permanent equity on March 29, 2023. Stock-Based Compensation For the three months ended September 30, 2023, the Successor 243,045 38,224 281,269 494,022 67,608 426,414 For the nine months ended September 30, 2023, the Successor 896,249 117,320 778,929 3,131,708 619,363 2,512,345 1,324,176 1.7 Stock Options On January 27, 2023, the Company granted ten 100,000 184,426 three years 2.11 On March 10, 2023, the Company granted ten 13,000 23,770 2.26 13,000 5,000 On May 24, 2023, the Company granted ten 1,453,107 555,004 499,660 three years 55,344 0.44 The grant date fair value of stock options granted during the three and nine months ended September 30, 2023 and 2022 was determined using the Black Scholes method, with the following assumptions used: Schedule of Stock Options Granted Successor Predecessor Successor Predecessor Successor Predecessor Successor Predecessor For the Three For the Three For the Nine For the Nine Months Ended Months Ended Months Ended Months Ended September 30, September 30, September 30, September 30, 2023 2022 2023 2022 Fair value of common stock on date of grant n/a n/a $ 0.44 2.23 $ 2.27 3.00 Risk free interest rate n/a n/a 3.53 4.27 % 1.68 3.01 % Expected term (years) n/a n/a 6.00 3.53 6.00 Expected volatility n/a n/a 120 123 % 111 119 % Expected dividends n/a n/a 0.00 % 0.00 % A summary of the option activity for the nine months ended September 30, 2023 is presented below: Schedule of Stock Option Activity Weighted Weighted Average Average Remaining Aggregate Number of Exercise Life Intrinsic Options Price In Years Value Outstanding, January 1, 2023 1,993,235 $ 10.81 Granted 1,566,107 0.56 Exercised - - Forfeited - - Outstanding, September 30, 2023 3,559,342 $ 6.30 6.6 $ - Exercisable, September 30, 2023 1,968,166 $ 9.53 5.2 $ - The following table presents information related to stock options as of September 30, 2023: Schedule of Information Related to Stock Options Options Outstanding Options Exercisable Weighted Outstanding Average Exercisable Exercise Number of Remaining Life Number of Price Options In Years Options $ 0.44 1,453,107 10 150,000 $ 2.11 100,000 - - $ 2.26 13,000 - - $ 5.03 662,887 2.3 662,887 $ 11.33 12,186 8.8 12,186 $ 11.58 728,430 5.5 728,430 $ 16.36 589,732 7.7 414,663 3,559,342 5.2 1,968,166 Stock Warrants On July 26, 2023, in connection with the July 2023 Offering (see Equity Offerings above), the Company amended the exercise price of certain warrants to purchase 1,377,996 1.00 0.165 47,300 On August 2, August 8 and September 8, 2023, a July 2023 Offering investor exercised pre-funded warrants to purchase 9,471,213 0.0001 947 Between September 13 and September 18, 2023, the Company initiated a limited time program, which at the election of the warrant holder, would permit them to immediately exercise their July 2023 Warrants at a reduced exercise price of $ 0.1357 5.5 0.1357 7,121,213 966,400 208,702 57,980 16,131 134,591 134,591 The issuance date fair value of stock warrants issued during the three and nine months ended September 30, 2023 and 2022 was determined using the Black Scholes method, with the following assumptions used: Schedule of Fair Value of Stock Warrants Granted Successor Predecessor Successor Predecessor Financial Designation, Predecessor and Successor [Fixed List] Successor Predecessor Successor Predecessor Successor Predecessor Successor Predecessor For the Three For the Three For the Nine For the Nine Months Ended Months Ended Months Ended Months Ended September 30, 2023 September 30, 2022 September 30, 2023 September 30, 2022 Fair value of common stock on date of grant $ 0.14 0.17 n/a $ 0.14 1.00 n/a Risk free interest rate 4.09% 4.42 % n/a 3.51 4.42 % n/a Expected term (years) 4.9 5.5 n/a 5 n/a Expected volatility 121 123 % n/a 121 123 % n/a Expected dividends n/a n/a n/a n/a A summary of the warrant activity for the nine months ended September 30, 2023 is presented below: Summary of Warrant Activity Weighted Weighted Average Average Remaining Aggregate Number of Exercise Life Intrinsic Warrants Price In Years Value Outstanding, January 1, 2023 8,628,706 $ 10.75 Issued 40,335,199 0.39 Exercised (16,592,426 ) 0.15 Forfeited (97,785 ) 2.00 Repriced - Old [1] (863,500 ) 11.50 Repriced - New [1] 4,965,125 2.00 Repriced - Old [2] (1,377,996 ) 1.00 Repriced - New [2] 1,377,996 0.17 Repriced - Old [3] (7,121,213 ) 0.17 Repriced - New [3] 7,121,213 0.14 Outstanding, September 30, 2023 36,375,319 $ 2.87 4.6 $ - Exercisable, September 30, 2023 29,184,304 $ 3.52 4.4 $ - [1] Warrants represent the reset of the exercise price of the PIPE Warrants to purchase 863,500 2.00 [2] Warrants represent the reset of the exercise price of certain April 28, 2023 offering warrants to purchase 1,377,996 0.165 [3] Warrants represent the reset of the exercise price of certain July 26, 2023 offering warrants to purchase 7,121,213 0.1357 The following table presents information related to stock warrants as of September 30, 2023: Schedule of Information Related to Stock Warrants Warrants Outstanding Warrants Exercisable Outstanding Weighted Average Exercisable Exercise Number of Remaining Life Number of Price Warrants In Years Warrants $ 0.14 7,121,213 n/a - $ 0.17 6,984,056 4.8 6,984,056 $ 1.00 9,637,504 4.6 9,637,504 $ 2.00 4,878,875 4.2 4,878,875 $ 5.03 104,704 1.3 34,901 $ 6.90 1,271,904 4.2 1,271,904 $ 11.50 6,065,562 4.2 6,065,562 $ 11.58 311,502 0.2 311,502 36,375,319 4.4 29,184,304 Effectiveness Failure In connection with the Business Combination, the Company issued 8,635 shares of Series A Convertible Preferred Stock (the “PIPE Shares”), and common stock purchase warrants (each, a “PIPE Warrant”) to purchase 863,500 shares of common stock, at a purchase price of $ 1,000 per share and warrant, for an aggregate purchase price of $ 8,635,000 (the “PIPE Investment”) pursuant to subscription agreements dated July 20, 2022 (collectively, the “PIPE Subscription Agreements”). On or about February 20, 2023, the Company failed to have the SEC declare a registration statement effective (the “Effectiveness Failure”) which covered the Private Investment in Public Equity (“PIPE”) registrable securities within the time period prescribed by the PIPE Securities Purchase Agreement (the “SPA”). The SPA entitles the PIPE investors to receive registration delay payments (“Registration Delay Payments”) equal to 1.5 % of each investor’s purchase price on the date of the Effectiveness Failure and every thirty days thereafter that the Effectiveness Failure persists. Failure to make the Registration Delay Payments on a timely basis result in the accrual of interest at the rate of 2.0 % per month. On April 28, 2023, the proceeds from the Registered Offering were used to redeem substantially all of the PIPE Shares. (See Redemption of Series A Preferred Stock above.) As of the filing date of this document, the Company expects to have to make additional Registration Delay Payments of approximately $ 6,819 in the aggregate subsequent to September 30, 2023 and prior to curing the Effectiveness Failure |