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Net Loss Per Share (As Restated)
6 Months Ended
Jun. 30, 2022
Earnings Per Share [Abstract]  
Net Loss Per Share (As Restated)

10.

NET LOSS PER SHARE (AS RESTATED)

Basic net loss per share is computed by dividing the net loss in each period by the weighted-average number of common shares outstanding during such period. Diluted net loss per share is computed similarly to basic net loss per share except that the denominator is increased to include the number of additional common shares that would have been outstanding if the potential common shares had been issued and if the additional common shares were dilutive. For the periods presented, common stock equivalents, consisting of stock-based awards and the SWK Warrant, were not included in the calculation of the diluted loss per share because to do so would be anti-dilutive. The SWK Warrant price is subject to a proportionate adjustment in the event of a stock dividend or stock split. The Company concluded that they should be deemed participating securities. However, as the Company is currently operating in a net loss position as of the second quarter of 2022 and has not declared any dividends, such inclusion of the participating securities related to the SWK Warrant (as common stock equivalents) would be anti-dilutive and thus would be excluded from the calculation of net loss per share. When calculating diluted net loss per share, the Company includes, only if dilutive, the potential common shares associated with the Secured Convertible Notes using the “if converted” method, which adjusts the numerator for any impact to earnings for the period and includes in the denominator the shares assumed to be converted at the beginning of the period.

A reconciliation of the numerator and denominator used in the calculation of basic and diluted net loss per common share for the three and six months ended June 30, 2022 is as follows:

 

 

 

For the Three

Months Ended

June 30, 2022

 

 

For the Six

Months Ended

June 30, 2022

 

Numerator:

 

 

 

 

 

 

 

 

Net loss

 

$

(2,667,036

)

 

$

(11,846,040

)

 

 

 

 

 

 

 

 

 

Denominator:

 

 

 

 

 

 

 

 

Basic:

 

 

 

 

 

 

 

 

Weighted average shares of common stock outstanding

 

 

15,273,707

 

 

 

14,794,637

 

 

 

 

 

 

 

 

 

 

Diluted:

 

 

 

 

 

 

 

 

Weighted average shares of common stock outstanding

 

 

15,273,707

 

 

 

14,794,637

 

Effect of potentially dilutive shares (1)

 

 

2,407,693

 

 

 

1,577,900

 

Total weighted average shares of common stock and potentially dilutive shares

 

 

17,681,400

 

 

 

16,372,537

 

 

 

 

 

 

 

 

 

 

Net loss per common share:

 

 

 

 

 

 

 

 

Basic:

 

 

 

 

 

 

 

 

Net loss applicable to common stockholders

 

$

(2,667,036

)

 

$

(11,846,040

)

Weighted average shares of stock outstanding, basic

 

 

15,273,707

 

 

 

14,794,637

 

Basic net loss per common share

 

$

(0.17

)

 

$

(0.80

)

 

 

 

 

 

 

 

 

 

Diluted:

 

 

 

 

 

 

 

 

Net loss applicable to common shareholders, diluted (1)

 

$

(5,308,236

)

 

$

(13,524,840

)

Weighted average shares of stock outstanding, diluted

 

 

17,681,400

 

 

 

16,372,537

 

Diluted net loss per common share

 

$

(0.30

)

 

$

(0.83

)

(1) In calculating diluted net loss per share, we excluded the impact of changes in the fair value of the Secured Convertible Notes of $2.6 million and $1.7 million, for the three and six months ended June 30, 2022, respectively. The 2,407,693 shares and 1,577,900 shares for the three and six months ended June 30, 2022, respectively, are the weighted average shares associated with the original principal amount of the Secured Convertible Notes and the shares that may be issuable upon the conversion of accrued interest owed at the beginning of the period.

As of June 30, 2022 and 2021, the number of shares of common stock underlying potentially dilutive securities excluded from the calculation of diluted net loss per share, because our net loss meant that their inclusion would have been anti-dilutive for those periods, consists of:

 

 

June 30,

 

 

 

2022

 

 

2021

 

Options to purchase common stock

 

 

2,850,787

 

 

 

1,751,475

 

SWK Warrant

 

 

150,000

 

 

 

 

Total

 

 

3,000,787

 

 

 

1,751,475