Net Income (Loss) Per Share

12 Months Ended

Dec. 31, 2023

Net Income (Loss) per Share

The Company applies the two-class method to calculate and present net income (loss) per share. The Company's non-vested restricted share awards and Series D Convertible Preferred Stock held by the BKC Stockholders contain non-forfeitable rights to dividends and are considered participating securities for purposes of computing net income (loss) per share pursuant to the two-class method. Under the two-class method, net earnings are reduced by the amount of dividends declared (whether paid or unpaid) and the remaining undistributed earnings are then allocated to common stock and participating securities, based on their respective rights to receive dividends.

Basic net income (loss) per share is computed by dividing net income (loss) available to common stockholders by the weighted average number of shares of common stock outstanding for the reporting period. Diluted net income (loss) per share reflects additional shares of common stock outstanding, where applicable, calculated using the treasury stock method or the two-class method.

The following table sets forth the calculation of basic and diluted net income (loss) per share:


	Year ended
	December 31, 2023		January 1, 2023		January 2, 2022
Basic net income (loss) per share:
Net income (loss)	$	33,796	$	(75,572)	$	(43,029)
Less: Income attributable to non-vested shares	(1,658)		—		—
Less: Income attributable to preferred stock	(4,963)		—		—
Net income (loss) available to common stockholders	$	27,175	$	(75,572)	$	(43,029)
Weighted average common shares outstanding	51,530,360		50,718,387		49,899,274
Basic net income (loss) per share(1)	$	0.53	$	(1.49)	$	(0.86)
Diluted net income (loss) per share:
Net income (loss)	$	33,796	$	(75,572)	$	(43,029)
Shares used in computing basic net income (loss) per share	51,530,360		50,718,387		49,899,274
Dilutive effect of preferred stock and non-vested shares	10,882,213		—		—
Shares used in computing diluted net income (loss) per share	62,412,573		50,718,387		49,899,274
Diluted net income (loss) per share (1)(2)	$	0.53	$	(1.49)	$	(0.86)
Shares excluded from diluted net income (loss) per share computations (1)	—		9,624,963		9,681,878