Earnings per Share

Basic net loss per share is computed by dividing the net loss for the period by the weighted-average number of common shares outstanding during the period. Diluted earnings (loss) per share (“EPS”) includes the dilutive effect of common stock equivalents and is computed using the weighted-average number of common stock and common stock equivalents outstanding during the reporting period. Diluted EPS for the

three

and

six

months ended

June 30, 2018

and

2017

excluded common stock equivalents because the effect of their inclusion would be anti-dilutive, or would decrease the reported loss per share.

The following table sets forth securities outstanding that could potentially dilute the calculation of diluted earnings per share.

	June 30,
	2018		2017
Warrants to purchase common stock - liability classified (see Note 7)		58,902		680,119
Warrant to purchase common stock - equity classified		6		72
2020 Notes		1,116,637		1,485,100
2022 Notes		–		21
Outstanding stock appreciation rights		68,638		–
Outstanding options to purchase common stock		358		3,846
Unvested restricted common stock		16		268
Total		1,244,557		2,169,426

The Company issued

95,000

shares of common stock under the at-the-market offering program, between

July 1, 2018 and August 8, 2018

which are

not

reflected in the tables presented above. See Note

Nature of Business, Financial Condition and Basis of Presentation