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Restatement of Previously Issued 2017 Consolidated Information
12 Months Ended
Dec. 31, 2018
Restatement of Previously Issued 2017 Consolidated Information [Abstract]  
Restatement of Previously Issued 2017 Consolidated Information
Note 2
Restatement of Previously Issued 2017 Consolidated Financial Information

During the audit of the Company’s 2018 financial statements, the Company identified errors and has restated the previously issued 2017 financial statements because of the failure to properly record the following:

a non-cash embedded conversion feature arising from debentures issued in June 2015 (which converted into Series C Preferred Stock in September 2017) which should have been accounted for as an embedded derivative. With respect to the restatement of the opening balances associated with recognition of the derivative liability as compared to the original recognition of a beneficial conversion feature, the Company recorded an adjustment at January 1, 2017, whereby the senior secured convertible debenture liability was reduced by $6,945, a derivative liability of $3,158 was recorded, additional paid-in-capital was reduced by $27,300, and accumulated deficit was reduced by $31,087. As a result, for the year ended December 31, 2017, the Company recorded a loss on the extinguishment of the debentures of $20,160 and a gain in the fair value of the embedded conversion feature of $3,158;
 
non-cash derivative accounting for warrants issued, and other warrants modified, in June 2015 which should have been accounted for as derivative liabilities due to a down round provision in the warrant agreements until the Company adopted ASU 2017-11 on October 1, 2018, under the modified retrospective method. The Company restated the opening balances of the warrant liability to increase the warrant liability by $557 and corrected the method of calculating the volatility to properly reflect the impact on the valuation of the derivative;
 
accrual of additional liabilities related to sales and use tax. The Company restated the opening balance of other accrued liabilities at January 1, 2017, by increasing the liability by $917 and restated the December 31, 2017, balance by increasing the liability by $1,221. The as reported balance of other accrued liabilities at December 31, 2017, increased from $2,360 to $3,581;
 
adjustments to the impairment assessment and related impairment charge for intangible assets which was performed at the intangible asset level, as opposed to the asset group level, for the year ended December 31, 2017, which improperly resulted in an impairment charge. For the year ended December 31, 2017, the Company incorrectly recognized a total of $500 of intangible asset impairment charges with respect to product technology, which were recognized as cost of revenues on the Company’s consolidated statement of operations and comprehensive loss. The impairment assessment and the impairment charge for intangible assets was incorrectly performed at the intangible asset level, as opposed to the asset group level, for the year ended December 31, 2017, which improperly resulted in the impairment charge; The Company re-performed its recoverability test of December 31, 2017, at the asset group level, which demonstrated that its assets were fully recoverable and there was no impairment;
 
adjustment to deferred revenue to correct assumptions from the sale of access codes on the estimated usage period of the agreed upon number of treatments; the Company restated the opening balance of deferred revenue at January 1, 2017 by increasing the liability by $1,995 and the as reported balance of current deferred revenue as of December 31, 2017 increased from $291 to $1,871; and

other adjustments to the financial statements and related footnote disclosures for the presentation of certain discounts provided to customers as a decrease to revenue and a decrease to general and administrative expenses of approximately $101 and to reflect a decrease to certain state net operating loss carryforwards of approximately $9,700 with a corresponding decrease in the valuation allowance for deferred taxes.

Portions of the accompanying footnotes have been restated to give effect to the aforementioned error corrections:
 
 
Note 4 Revenue
 
 
Note 7 Intangibles Assets, net
 
 
Note 9 Other Accrued Liabilities
 
 
Note 10 Convertible Debentures
 
 
Note 13 Warrants
 
 
Note 16 Income Taxes
 
 
Note 17 Business Segments
 
 
Note 19 Significant Customer Concentration
 

The impact of the changes as of and for the year ended December 31, 2017, are as follows:

Balance Sheet

  
As of
December 31, 2016
As Reported
  
Effect of
Restatement
Jan. 1, 2017
  
Balance as of
January 1, 2017
As Restated
 
Intangible assets, net
 
$
13,412
  
$
-
  
$
13,412
 
Total assets
  
43,193
       
43,193
 
Deferred revenues
  
235
   
1,995
   
2,230
 
Other accrued liabilities
  
1,992
   
917
   
2,909
 
Total current liabilities
  
6,133
   
2,912
   
9,045
 
Senior secured convertible debentures, net
  
12,028
   
(6,945
)
  
5,083
 
Derivative liability senior secured convertible debentures
  
-
   
3,158
   
3,158
 
Warrant liability
  
105
   
557
   
662
 
Total liabilities
  
28,474
   
(318
)
  
28,156
 
 
            
Series B Convertible Preferred Stock $.10 par value
  
1
   
-
   
1
 
Common Stock $.001 par value
  
2
   
-
   
2
 
Additional paid-in capital
  
225,289
   
(27,814
)
  
197,475
 
Accumulated deficit
  
(210,575
)
  
28,132
   
(182,443
)
Accumulated other comprehensive income
  
2
   
-
   
2
 
Total stockholders’ equity
 
$
14,719
  
$
318
  
$
15,037
 


    
  
Restatement Adjustments as of
December 31, 2017
  
 
  
Balance as of
December 31, 2017
as reported
  
Effect of
restatement
January 1, 2017
  
Sales and
Use Tax
  
Warrants
  
Debentures
  
Intangible
Impairment
  
Deferred
Revenue
  
Other
Adjustments
  
Balance as of
December 31, 2017
as restated
 
Intangible assets, net
 
$
11,325
   
-
  
$
-
  
$
-
  
$
-
  
$
500
  
$
-
  
$
-
  
$
11,825
 
Total assets
  
38,631
   
-
               
500
           
39,131
 
Deferred revenues
  
291
   
1,995
   
-
   
-
   
-
   
-
   
(415
)
  
-
   
1,871
 
Other accrued liabilities
  
2,360
   
917
   
304
   
-
   
-
   
-
   
-
   
-
   
3,581
 
Total current liabilities
  
7,672
   
2,912
   
304
               
(415
)
      
10,473
 
Senior secured convertible debentures, net
  
-
   
(6,945
)
  
-
   
-
   
6,945
   
-
   
-
       
-
 
Derivative liability senior secured convertible debentures
  
-
   
3,158
   
-
   
-
   
(3,158
)
  
-
   
-
   
-
   
-
 
Warrant liability
  
3
   
557
       
(493
)
          
-
   
-
   
67
 
Total liabilities
  
16,386
   
(318
)
  
304
   
(493
)
  
3,787
       
(415
)
  
-
   
19,251
 
 
                                    
Series C Convertible Preferred Stock $.10 par value
  
4
       
-
   
-
   
-
   
-
   
-
   
-
   
4
 
Common stock $.001 par value
  
4
   
-
   
-
   
-
   
-
   
-
   
-
   
-
   
4
 
Additional paid-in capital
  
251,643
   
(27,814
)
  
-
   
-
   
-
   
-
   
-
   
-
   
223,829
 
Accumulated deficit
  
(229,406
)
  
28,132
   
(304
)
  
493
   
(3,787
)
  
500
   
415
   
-
   
(203,957
)
Total stockholders’ equity
 
$
22,245
  
$
318
  
$
(304
)
 
$
493
  
$
(3,787
)
 
$
500
  
$
415
   
-
  
$
19,880
 

Statement of Operations and Other Comprehensive Loss:

     
Restatement Adjustments for the Year Ended
December 31, 2017
  
 
  
For the
twelve months ended
December 31, 2017
as reported
  
Sales and
Use Tax
  
Warrant
  
Debentures
  
Intangible
Impairment
  
Deferred
Revenue
  
Other
Immaterial Adjustments
  
For the
twelve months ended December 31, 2017
  as restated
 
Revenues, net
 
$
31,449
  
$
-
  
$
-
  
$
-
  
$
-
  
$
415
  
$
(101
)
 
$
31,763
 
Cost of revenues
  
13,498
   
-
   
-
   
-
   
(500
)
  
-
   
-
   
12,998
 
Gross profit
  
17,951
               
500
   
415
   
(101
)
  
18,765
 
General and administrative
  
7,401
   
304
   
-
   
-
   
-
   
-
   
(101
)
  
7,604
 
Loss from operations
  
(2,410
)
  
(304
)
          
500
   
415
   
-
   
(1,799
)
Other (expenses) income, net
  
(16,292
)
  
-
   
493
   
(3,787
)
  
-
   
-
   
-
   
(19,586
)
Loss before income taxes
  
(18,702
)
  
(304
)
  
493
   
(3,787
)
  
500
   
415
   
-
   
(21,385
)
Net loss
 
$
(18,831
)
  
(304
)
  
493
   
(3,787
)
  
500
   
415
   
-
  
$
(21,514
)
Loss per common share
 
$
(2.85
)
  
-
   
-
   
-
   
-
   
-
   
-
  
$
(3.26
)
Loss attributable to common stock
 
$
(7,747
)
  
-
   
-
   
-
   
-
   
-
   
-
  
$
(8,851
)
Common shares used in computing loss per share
  
2,713,782
   
-
   
-
   
-
   
-
   
-
   
-
   
2,713,782
 
Loss per preferred share
 
$
(1,061.25
)
  
-
   
-
   
-
   
-
   
-
   
-
  
$
(1,212.47
)
Loss attributable to preferred stock
 
$
(11,084
)
  
-
   
-
   
-
   
-
   
-
   
-
  
$
(12,663
)
Preferred shares used in computing loss per share
  
10,444
   
-
   
-
   
-
   
-
   
-
   
-
   
10,444
 

With respect to the Statement of Cash Flows there were no changes to as reported cash flows from investing and financing activities. For the twelve months ended December 31, 2017 the impact on the cash flows provided by operating activities were as follows:

Other accrued liabilities increased $304
Deferred revenue decreased $415
The gain on the change in fair value of embedded conversion feature increased $3,158
The gain on the change in fair value of warrant liability increased $493
Loss on extinguishment of debentures increased $8,361
Amortization of debt discount decreased $1,416
Impairment for intangibles reversed as part of restatement decreased $500
The net loss increased $2,683