Correction of An Accounting Error | Correction of an Accounting Error The warrants issued in connection with our 10% Convertible Preferred Stock contain anti-dilution protection provisions including certain reset features (down-round protection) which protects the holders from future issuances of our Common Stock at prices below such warrants' then-in-effect respective exercise prices (See Note 11). This provision, however unlikely to occur, could result in modification of the warrants then-in-effect. In October 2012, the Financial Accounting Standards Board (FASB), issued ASU 2012-04 Technical Corrections and Improvement ("ASU 2012-04") which contained technical corrections to guidance on which we had previously relied upon in forming our initial conclusions regarding the accounting for warrants containing these reset provisions relating to the April 2012 and November 2014 private placements of our 10% Convertible Preferred Stock. Based upon our extensive review of ASU 2012-04, we have concluded these warrants no longer meet the criteria for classification as equity as previously recorded and must be recorded as a liability with the value of the warrants recorded at fair value on the transition/effective date, with subsequent changes in fair value recorded in earnings on a quarterly basis. Based on transition guidance provided, we determined our effective/transition date for implementation of ASU 2012-04 to be October 1, 2013 and the consolidated condensed financial statements contained herein reflect the retroactive impact of this correction of this accounting error as of this date. The restated historical information is as follows: Condensed Consolidated Statements of Operations Three Months Ended December 31, 2014 Originally Reported Adjustments Adjusted Non operating income (expense): Revaluation of warrants $ — $ 4,487,006 $ 4,487,006 Non operating income (expense), net (96,653 ) 4,487,006 4,390,353 Net income (loss) (862,703 ) 4,487,006 3,624,303 Series B, 10% Convertible Preferred stock beneficial conversion feature (255,193 ) (139,438 ) $ (394,631 ) Net income (loss) available to Common Stockholders $ (1,383,220 ) $ 4,347,568 $ 2,964,348 Income (loss) income from continuing operations per share - basic and diluted $ (0.02 ) $ 0.09 $ 0.07 Net income (loss) attributable to Common stockholders per share - basic and diluted $ (0.02 ) $ 0.07 $ 0.05 Condensed Consolidated Balance Sheets As of December 31, 2014 Originally Reported Adjustments Adjusted Liabilities: Warrant liability $ — $ 2,704,626 $ 2,704,626 Total liabilities 5,554,127 2,704,626 8,258,753 Stockholders' equity (deficit): Additional paid-in capital 69,410,819 (9,382,242 ) 60,028,577 Accumulated deficit (65,944,998 ) 6,677,616 (59,267,382 ) Total stockholders' equity (deficit) 3,978,299 (2,704,626 ) 1,273,673 $ 9,532,426 $ — $ 9,532,426 Condensed Consolidated Statement of Stockholders' Equity (Deficit) Preferred Stock Series B Preferred Stock Common Stock Additional Paid In Accumulated Shares Amount Shares Amount Shares Amount Capital Deficit Total Originally Reported: Balance, December 31, 2014 941 $ 941 200 $ 200 51,133,556 $ 511,337 $ 69,410,819 $ (65,944,998 ) $ 3,978,299 Adjustments — — — — — — (9,382,242 ) 6,677,616 (2,704,626 ) Adjusted: Balance, December 31, 2014 941 $ 941 200 $ 200 51,133,556 $ 511,337 $ 60,028,577 $ (59,267,382 ) $ 1,273,673 Condensed Consolidated Statements of Cash Flows Three Months Ended December 31, 2014 Originally Reported Adjustments Adjusted Cash flows from operating activities: Net income (loss) $ (862,703 ) $ 4,487,006 $ 3,624,303 Revaluation of warrants — (4,487,006 ) (4,487,006 ) Net cash provided by operating activities 279,615 — 279,615 |