RESTATEMENT OF PREVIOUSLY ISSUED CONDENSED CONSOLIDATED FINANCIAL STATEMENTS | NOTE 2 – RESTATEMENT OF PREVIOUSLY ISSUED CONDENSED CONSOLIDATED FINANCIAL STATEMENTS As previously disclosed on Form 8-K filed on September 20, 2022, the Company determined that the Company’s previously issued condensed consolidated financial statements for the period ended February 28, 2022 should no longer be relied upon due to errors in such condensed consolidated financial statements related to certain liabilities and expenses incurred that the Company failed to accrue for within the proper reporting periods, resulting primarily in the exclusion of certain general and administrative expenses from the statement of operations in the condensed consolidated financial statements. The following errors were identified as part of the restatement: A. The Company discovered expenses and liabilities incurred during the three- and nine- month period ended February 28, 2022, that it failed to accrue for properly. The additional expenses are primarily related to unpaid and unrecorded utility charges, professional fees and other operating expenses. B. The Company discovered that it did not properly record approximately $ 72,000 The following reflects the restatement adjustments recorded in connection with the Company’s restatement of its condensed consolidated financial statements: Restatement of Previously Issued Condensed Consolidated Financial Statements - Schedule of Prior Period Adjustments Balance Sheet As of February 28, 2022 As previously reported Total Adjustments As Restated Reference ASSETS Current Assets Cash and cash equivalents $ 1,999,241 $ — $ 1,999,241 Accounts receivable, net 936,809 — 936,809 Inventories, net 2,191,844 5,712 2,197,556 A Prepaid expenses 30,867 859 31,726 A Income tax receivable 17,730 (1,350 ) 16,380 A Total current assets 5,176,491 5,221 5,181,712 A Leasehold assets 11,423,035 — 11,423,035 Property and equipment, net 2,248,500 63,440 2,311,940 A Property and equipment held for sale, net 433,410 — 433,410 Leasehold, utilities, and ERP deposits 829,001 72,128 901,129 B Other assets Intangible assets, net 242,088 — 242,088 Total Assets $ 20,352,525 $ 140,789 $ 20,493,314 A, B LIABILITIES AND STOCKHOLDERS' EQUITY Current liabilities Accounts payable $ 555,974 $ (9,263 ) $ 546,711 A Accrued commissions 59,208 (3,658 ) 55,550 A Accrued payroll liabilities 505,248 — 505,248 Accrued liabilities 329,492 (498 ) 328,994 A Customer deposits and prepayments 112,791 — 112,791 Other accrued liabilities 424,799 592,119 1,016,918 A Current portion of long-term lease liabilities 1,417,386 — 1,417,386 Current portion of long-term debt 472,431 — 472,431 Total current liabilities 3,877,329 578,700 4,456,029 A Long-term debt, net of current portion 1,527,569 — 1,527,569 Long-term leasehold liabilities, net of current portion 10,833,399 — 10,833,399 Total liabilities 16,238,297 578,700 16,816,997 A Total stockholders' equity Common stock, no par value, 20,000,000 shares authorized, 4,236,821 and 3,818,770 shares issued and outstanding at February 28, 2022, respectively 12,318,375 — 12,318,375 Accumulated deficit (8,204,147 ) (437,911 ) (8,642,058 ) A,B Total stockholders' equity 4,114,228 (437,911 ) 3,676,317 A,B TOTAL LIABILITIES AND STOCKHOLDERS' EQUITY $ 20,352,525 $ 140,789 $ 20,493,314 A,B Statement of Operations For the three months ended February 28, 2022 As previously reported Total Adjustments As Restated Reference Net sales $ 1,848,913 $ — $ 1,848,913 Cost of revenue 912,076 117,145 1,029,221 A Gross profit 936,837 (117,145 ) 819,692 A Selling, general and administrative 3,312,388 40,441 3,352,829 A Research and development 10,771 2,500 13,271 A Total operating expenses 3,323,159 42,941 3,366,100 A Operating loss (2,386,322 ) (160,086 ) (2,546,408 ) A Forgiveness of PPP loans 1,471,292 — 1,471,292 Interest expense (8,232 ) — (8,232 ) Other income, net 38,286 — 38,286 A Loss before income taxes (884,976 ) (160,086 ) (1,045,062 ) A Income tax provision from continuing operations 8,268 — 8,268 Net loss $ (893,244 ) $ (160,086 ) $ (1,053,330 ) A Net loss per common share: Basic $ (0.24 ) $ (0.04 ) $ (0.28 ) A Weighted average number of common shares, basic 3,788,315 — 3,788,315 Diluted $ (0.24 ) $ (0.04 ) $ (0.28 ) A Weighted average number of common shares, diluted 3,788,315 — 3,788,315 For the nine months ended February 28, 2022 As previously reported Total Adjustments As Restated Reference Net Sales $ 8,570,053 $ — $ 8,570,053 Cost of revenue 3,618,925 220,726 3,839,651 A Gross profit 4,951,128 (220,726 ) 4,730,402 A Selling, general and administrative 11,604,964 285,562 11,890,526 A Research and development 25,616 2,500 28,116 A Total operating expenses 11,630,580 288,062 11,918,642 A Operating loss (6,679,452 ) (508,788 ) (7,188,240 ) A Gain on sale of property and equipment 4,598,095 — 4,598,095 Forgiveness of PPP loans 2,059,826 — 2,059,826 Interest expense (37,811 ) — (37,811 ) Other income, net 323,589 72,127 395,716 B Income (loss) before income taxes 264,247 (436,661 ) (172,414 ) A, B Income tax provision from continuing operations 14,618 1,250 15,868 A Net income (loss) $ 249,629 $ (437,911 ) $ (188,282 ) A, B Net income (loss) per common share Basic $ 0.07 $ (0.12 ) $ (0.05 ) A, B Weighted average number of common shares, basic 3,790,022 — 3,790,022 Diluted $ 0.07 $ (0.12 ) $ (0.05 ) A, B Weighted average number of common shares, diluted 3,813,675 — 3,813,675 Statement of Cash Flows For the nine months ended February 28, 2022 As previously reported Total Adjustments As Restated Reference Cash flows relating to operating activities Net income (loss) $ 249,629 $ (437,911 ) $ (188,282 ) A, B Adjustments to reconcile net income (loss) to net cash used in operating activities: Forgiveness of PPP Loan (2,059,826 ) — (2,059,826 ) Depreciation and amortization 401,448 — 401,448 Gain on disposal of property and equipment (4,598,095 ) — (4,598,095 ) Stock-based compensation 95,016 — 95,016 Non-cash lease costs 92,042 — 92,042 (Increase) decrease in: Accounts receivable, net 217,836 — 217,836 Inventories, net (638,534 ) (5,712 ) (644,246 ) A Prepaid expenses 167,478 (859 ) 166,619 A Rent, Utility Deposits, & ERP Deposits (397,193 ) (72,128 ) (469,321 ) A, B (Increase) decrease in: Accounts payable (27,776 ) (9,263 ) (37,039 ) A Accrued liabilities and customer deposits (409,187 ) 589,313 180,126 A Net cash used in operating activities $ (6,907,162 ) $ 63,440 $ (6,843,722 ) A, B Cash flows relating to investing activities Purchases of property and equipment $ (188,687 ) $ (63,440 ) $ (252,127 ) A Proceeds from the sale of property and equipment 4,797,924 — 4,797,924 Net cash provided by investing activities $ 4,609,237 $ (63,440 ) $ 4,545,797 A Cash flows relating to financing activities Proceeds from Paycheck Protection Program $ 264,476 $ — $ 264,476 Net cash provided by financing activities $ 264,476 $ — $ 264,476 Decrease in cash and cash equivalents $ (2,033,449 ) $ — $ (2,033,449 ) Cash and cash equivalents, beginning of period 4,032,690 — 4,032,690 Cash and cash equivalents, end of period $ 1,999,241 $ — $ 1,999,241 Supplemental disclosure of cash flow information Cash paid during the period for income taxes $ 19,200 $ — $ 19,200 Cash paid during the period for interest $ 63 $ — $ 63 Segment Information-Ice Cream For the three months ended February 28, 2022 As previously reported Total Adjustments As Restated Reference Revenue, net $ 972,920 $ — $ 972,920 Gross Margin $ 389,710 $ (76,317 ) $ 313,393 A Gross Margin % 40.1 % (7.8 %) 32.2 % A Operating loss $ (1,837,593 ) $ (152,414 ) $ (1,990,007 ) A Depreciation expense $ 70,761 $ — $ 70,761 Amortization expense $ 5,734 $ — $ 5,734 Capital expenditures $ 10,200 $ 48,932 $ 59,132 A For the nine months ended February 28, 2022 As previously reported Total Adjustments As Restated Reference Revenue, net $ 5,908,291 $ — $ 5,908,291 Gross Margin $ 3,527,555 $ (173,840 ) $ 3,353,715 A Gross Margin % 59.7 % (2.9 %) 56.8 % A Operating loss $ (4,975,684 ) $ (374,742 ) $ (5,350,426 ) A Depreciation expense $ 285,400 $ — $ 285,400 Amortization expense $ 17,200 $ — $ 17,200 Capital expenditures $ 188,687 $ 61,653 $ 250,340 A Segment Information-Measurement For the three months ended February 28, 2022 As previously reported Total Adjustments As Restated Reference Revenue, net $ 875,993 $ — $ 875,993 Gross Margin $ 547,127 $ (40,828 ) $ 506,299 A Gross Margin % 62.5 % (4.7 %) 57.8 % A Operating loss $ (548,729 ) $ (7,672 ) $ (556,401 ) A Depreciation expense $ 4,211 $ — $ 4,211 Amortization expense $ 26,145 $ — $ 26,145 Capital expenditures $ — $ 1,787 $ 1,787 A For the nine months ended February 28, 2022 As previously reported Total Adjustments As Restated Reference Revenue, net $ 2,661,762 $ — $ 2,661,762 Gross Margin $ 1,423,573 $ (46,886 ) $ 1,376,687 A Gross Margin % 53.5 % (1.8 %) 51.7 % A Operating loss $ (1,703,768 ) $ (134,046 ) $ (1,837,814 ) A Depreciation expense $ 20,411 $ — $ 20,411 Amortization expense $ 78,437 $ — $ 78,437 Capital expenditures $ — $ 1,787 $ 1,787 A Segment Information- Assets As of February 28, 2022 As previously reported Total Adjustments As Restated Reference Ice Cream Segment $ 7,911,579 $ 139,493 $ 8,051,072 A, B Measurement Segment 2,521,490 1,296 2,522,786 A Corporate assets 9,919,456 — 9,919,456 Total Assets $ 20,352,525 $ 140,789 $ 20,493,314 A, B |