XML 26 R10.htm IDEA: XBRL DOCUMENT v3.22.0.1
Restatement of Previously Issued Consolidated Financial Statements
12 Months Ended
Dec. 31, 2020
Restatement of Previously Issued Consolidated Financial Statements  
Restatement of Previously Issued Consolidated Financial Statements

2. Restatement of Previously Issued Consolidated Financial Statements

Restatement Background

On March 12, 2021, management in concurrence with the Company’s Audit Committee of the Board of Directors (the “Audit Committee”), concluded that our 2019 and 2018 consolidated financial statements, included in our Annual Reports on Form 10-K as of and for the fiscal years ended December 31, 2019 and 2018, and our unaudited consolidated financial statements as of and for each of the first three quarterly periods in 2020 and all quarterly periods in 2019, included in our Quarterly Reports on Form 10-Q for the respective periods,  (collectively the “Prior Period Financial Statements”) should no longer be relied upon due to misstatements that are described below, and that we would restate such financial statements to make the necessary accounting corrections. In addition, we have restated the statement of operations for the three months ended December 31, 2019, which was previously disclosed as a note in its form 10-K for the year ended December 31, 2019. Details of the restated consolidated financial statements as of and for the fiscal years ended December 31, 2019 and 2018 are provided below (“Restatement Items”). In addition, details of the restated interim financial information for each of the quarterly periods in fiscal 2019 and for the first three quarters of fiscal 2020, are presented in Note 3, “Unaudited Quarterly Financial data and Restatement of Previously Issued Unaudited Interim Condensed Consolidated Financial Statements”. The Company evaluated the materiality of these errors both qualitatively and quantitatively in accordance with Staff Accounting Bulletin (“SAB”) No. 99, Materiality and SAB No. 108, Considering the Effects of Prior Year Misstatements in Current Year Financial Statements, and determined the effect of these corrections were material to the Prior Period Financial Statements. As a result of the material misstatements, we have restated our Prior Period Financial Statements, in accordance with ASC 250, Accounting Changes and Error Corrections (the “Restated Financial Statements”).

The Restatements Items reflect adjustments to correct errors on the balance sheets to reduce the carrying amount of certain right of use assets and lease liabilities associated with leases, increase the loss accrual relating to service contracts, a reclassification of costs resulting in a decrease in Operating expenses - Research and development expense and a corresponding increase in Cost of revenue, the recording of a deemed dividend, and correction of a cumulative adjustment upon adoption of a new accounting standard to a correction of an error. The nature and impact of these adjustments are described below and also detailed in the tables below. Also see Note 3, “Unaudited Quarterly Financial Data and Restatement of Previously Issued Unaudited Interim Condensed Consolidated Financial Statements,” for the impact of these adjustments on each of the quarterly periods.

Restatement Items

Right of use assets relating to operating leases – The Company incorrectly calculated the lease liability and the related right of use asset associated with sale/leaseback transactions. The Company sells equipment to financial institutions and leases it back. The Company then uses these assets to fulfill its obligations under Power Purchase Agreements (“PPAs”). There are two elements to the transactions with financial institutions – a sale (and leaseback) of equipment and a debt component. The debt component of the proceeds received from the financial institution relates to the sale of future revenues to be generated from the related PPA. The lease liability and corresponding right of use asset should be based on the present value of the portion of the future payments to the third-party financial institution that represent the lease component (i.e. excluding the portion representing the debt service repayments). Historically, the Company incorrectly included the entire repayment amount when determining the lease liability and corresponding right of use asset. The Company separately recorded a debt obligation related to the cash received for the sale of future revenues. The result of the correction is that at inception of the lease, the lease liability and the corresponding right of use asset were reduced to exclude the double-counting of the debt portion of the obligation. The corrections at December 31, 2019 resulted in the reduction of both the lease liability and right of use asset of $112.7 million. Similar adjustments were made for the balance sheets for the quarterly periods of 2019 and 2020. The lease liability for operating leases and related right of use asset are both presented separately on the consolidated balance sheets. The overall impact on the consolidated statements of operations was not significant to any of the periods presented and related to depreciation, interest expense, and cost of sales.

Loss accrual provision – The Company did not properly estimate the loss accrual related to its extended maintenance contracts. As a result of the error in classification of research and development costs discussed below, the Company did not consider all relevant historical costs when estimating future service costs when determining whether a loss accrual for extended maintenance contracts was necessary. Additionally, the Company did not consider the service costs related to hydrogen infrastructure, nor the provision for warrants, when estimating the need for a loss accrual on extended maintenance contracts. When properly considering these costs, additional loss accruals for extended maintenance contracts were required to be recorded. The corrections resulted in a ($1.6) million benefit for loss accrual for the year ended December 31, 2019, inclusive of the partial release of the 2018 loss accrual, and a provision for loss accrual of $5.3 million for the year ended December 31, 2018.

Research and development expense – The Company did not properly present certain costs related to related to research and development activities. Some of these costs were presented as research and development costs and should have been classified as costs of revenue. Correction of this error resulted in an increase in gross loss of $19.5 million and $21.2 million for the years ended December 31, 2019 and 2018, respectively. The tables below provide a summary of the adjustments between cost of revenue and research and development.

As of December 31, 2019

As of December 31, 2018

    

Restatement

    

Restatement

Adjustments

Adjustments

Cost of revenue:

Services performed on fuel cell systems and related infrastructure

$

6,986

$

7,954

Power Purchase Agreements

2,539

4,264

Sales of fuel cell systems and related infrastructure

1,121

614

Fuel delivered to customers

8,846

8,325

Total cost of revenue

19,492

21,157

Research and development

(19,492)

(21,157)

Series E Redeemable Convertible Preferred Stock Deemed Dividend – During 2019, the Company did not properly account for certain conversions of its Series E Redeemable Convertible Preferred Stock Deemed Dividend as a repurchase settled in common stock. The correction of this error resulted in the Company recording a deemed dividend during 2019 for approximately $1.8 million. This error correction had no impact on total equity and increased the net loss attributable to shareholders by $1.8 million.

Adoption of ASC 842 – The Company determined that the $3.4 million amount previously reported as the cumulative effect of adoption of ASC 842 on January 1, 2018 is actually a correction of errors made in lease accounting through December 31, 2017, under the prior accounting standards. Accordingly, the accumulated deficit at December 31, 2017 has been restated to reflect this accounting.

Other adjustments

In addition to the Restatement Items, the Company has corrected other adjustments. While these other adjustments are quantitatively immaterial, individually and in the aggregate, because we are correcting for the material errors, we have decided to correct these other adjustments as well.

Reclassifications have been made, whenever necessary, to prior period financial statements to conform to the current period presentation for the years ended December 31, 2019 and 2018.

Summary impact of Restatement Items and Other Adjustments to Prior Period Financial Statements

The following tables present the effect of the Restatement Items, as well as other adjustments, on the Company’s consolidated balance sheets for the periods indicated (in thousands, except per share):

As of December 31, 2019

As previously

Restatement

Restatement

    

Reported

    

Adjustments

    

As Restated

    

References

Assets

Current assets:

Cash and cash equivalents

$

139,496

$

$

139,496

Restricted cash

54,813

54,813

Accounts receivable

 

25,448

 

320

 

25,768

d

Inventory

 

72,391

 

 

72,391

Prepaid expenses and other current assets

 

21,192

 

 

21,192

Total current assets

 

313,340

 

320

 

313,660

Restricted cash

 

175,191

 

 

175,191

Property, plant, and equipment, net

14,959

 

 

14,959

Right of use assets related to finance leases, net

1,714

1,714

a

Right of use assets related to operating leases, net

63,266

63,266

a, b

Equipment related to power purchase agreements and fuel delivered to customers, net

244,740

 

(176,971)

 

67,769

a, b

Goodwill

8,842

8,842

Intangible assets, net

 

5,539

 

 

5,539

Other assets

 

8,573

 

 

8,573

Total assets

$

771,184

$

(111,671)

$

659,513

Liabilities, Redeemable Preferred Stock, and Stockholders’ Equity

Current liabilities:

Accounts payable

$

40,376

$

$

40,376

Accrued expenses

 

14,213

 

196

 

14,409

d

Deferred revenue

 

11,691

 

 

11,691

Operating lease liabilities

9,428

9,428

a, b

Finance lease liabilities

226

226

a

Finance obligations

49,507

(24,840)

24,667

a, b

Current portion of long-term debt

26,461

26,461

Other current liabilities

 

8,543

 

(1,839)

 

6,704

b, c

Total current liabilities

 

150,791

 

(16,829)

 

133,962

Deferred revenue

 

23,369

 

(199)

 

23,170

d

Operating lease liabilities

50,937

50,937

a, b

Finance lease liabilities

2,011

2,011

a

Finance obligations

 

265,228

 

(145,806)

 

119,422

a, b

Convertible senior notes, net

110,246

185

110,431

d

Long-term debt

85,708

85,708

Other liabilities

 

13

 

2,805

 

2,818

c

Total liabilities

 

635,355

 

(106,896)

 

528,459

Redeemable preferred stock:

Series C redeemable convertible preferred stock, $0.01 par value per share (aggregate involuntary liquidation preference $16,664); 10,431 shares authorized; Issued and outstanding: 2,620 at December 31, 2019

709

709

Series E convertible preferred stock, $0.01 par value per share; Shares authorized: 35,000 at December 31, 2019; Issued and outstanding: 500 at December 31, 2019

441

441

Stockholders’ equity:

Common stock, $0.01 par value per share; 750,000,000 shares authorized; Issued: 318,637,560 at December 31, 2019

 

3,186

 

 

3,186

Additional paid-in capital

 

1,507,116

 

(163)

 

1,506,953

d

Accumulated other comprehensive income

 

1,400

 

(112)

 

1,288

d

Accumulated deficit

 

(1,345,807)

 

(4,500)

 

(1,350,307)

Less common stock in treasury: 15,259,045 at December 31, 2019

(31,216)

(31,216)

Total stockholders’ equity

 

134,679

 

(4,775)

 

129,904

Total liabilities, redeemable preferred stock, and stockholders’ equity

$

771,184

$

(111,671)

$

659,513

As of December 31, 2019

(a)

The “as previously reported” balances for equipment related to power purchase agreements and fuel delivered to customers, net (previously captioned leased assets, net) and the current and long-term finance obligations have been reclassified to conform to current period presentations, as follows at December 31, 2019:

$176.0 million was reclassified from equipment related to power purchase agreements and fuel delivered to customers, net to right of use assets related to operating leases, net;
$1.7 million was reclassified from equipment related to power purchase agreements and fuel delivered to customers, net to right of use asset related to finance leases, net;
$25.8 million was reclassified from current finance obligations to current operating lease liabilities;
$145.5 million was reclassified from non-current finance obligations to non-current operating lease liabilities;
$226 thousand was reclassified from current finance obligations to current finance lease liabilities, respectively; and
$2.0 million was reclassified from non-current finance obligations to non-current finance lease liabilities

(b)

The correction of the misstatement associated with the right of use assets relating to operating leases resulted in the following at December 31, 2019:

the right of use assets related to operating leases, net had a decrease of $112.7 million;
equipment related to power purchase agreements and lessor property, net had an increase of $767 thousand;
current operating lease liabilities had a decrease of $16.4 million;
non-current operating lease liabilities had a decrease of $94.6 million;
the current finance obligations had a $1.2 million increase;
the non-current finance obligation had an increase of $1.7 million; and
other current liabilities decreased $2.7 million.

(c)

Loss accrual provision:  The correction of this misstatement resulted in an increase of $897 thousand to other current liabilities and an increase of $2.8 million to other long-term liabilities at December 31, 2019.

(d)

Other adjustments:  Immaterial adjustments at December 31, 2019 resulted in an increase to accounts receivable of $320 thousand. An increase to accrued expenses of $196 thousand. A decrease to deferred revenue of $199 thousand. An increase in convertible senior notes, net of $185 thousand, and a decrease of $163 thousand to additional paid in capital and a $112 thousand decrease to accumulated other comprehensive income.

The following tables present the effect of the Restatement Items, as well as other adjustments, on the Company’s consolidated statements of operations for the periods indicated (in thousands, except share and per share amounts):

    

For the Year Ended December 31, 2019

    

As Previously

    

Restatement

    

    

Restatement

Reported

Adjustments

As Restated

References

Net revenue:

Sales of fuel cell systems and related infrastructure

$

149,884

$

36

$

149,920

d

Services performed on fuel cell systems and related infrastructure

25,217

25,217

Power Purchase Agreements

 

25,853

 

(300)

 

25,553

d

Fuel delivered to customers

 

29,099

 

 

29,099

Other

186

186

Net revenue

230,239

(264)

229,975

Cost of revenue:

Sales of fuel cell systems and related infrastructure

 

96,859

 

1,056

 

97,915

a, d

Services performed on fuel cell systems and related infrastructure

 

28,801

 

5,781

 

34,582

a, c,d

Benefit for loss contracts related to service

(394)

(394)

c

Power Purchase Agreements

 

40,056

 

1,721

 

41,777

a, b,d

Fuel delivered to customers

 

36,357

 

8,890

 

45,247

a, d

Other

 

200

 

 

200

Total cost of revenue

 

202,273

17,054

219,327

Gross profit

 

27,966

(17,318)

10,648

Operating expenses:

Research and development

33,675

(18,616)

15,059

a,d

Selling, general and administrative

44,333

(1,131)

43,202

b,d

Total operating expenses

78,008

(19,747)

58,261

Operating loss

(50,042)

2,429

(47,613)

Interest and other expense, net

 

(35,502)

 

(189)

 

(35,691)

b,d

Change in fair value of common stock warrant liability

 

79

 

 

79

Gain (loss) on extinguishment of debt

 

 

(518)

 

(518)

d

Loss before income taxes

$

(85,465)

$

1,722

$

(83,743)

Income tax benefit

 

 

 

Net loss attributable to the Company

$

(85,465)

$

1,722

$

(83,743)

Preferred stock dividends declared, deemed dividends and accretion of discount

 

(52)

 

(1,760)

 

(1,812)

e

Net loss attributable to common stockholders

$

(85,517)

$

(38)

$

(85,555)

Net loss per share:

Basic and diluted

$

(0.36)

$

(0.36)

Weighted average number of common stock outstanding

 

237,152,780

 

237,152,780

For the year ended December 31, 2019

(a)

Research and development: The correction of this misstatement resulted in a net decrease of $19.5 million to research and development, and an increase of $1.1 million to the cost of revenue of fuel cell systems and related infrastructure, an increase of $7 million to the cost of revenue of services performed on fuel cell systems and related infrastructure, an increase of $2.5 million to the cost of power purchase agreements and an increase in the cost of fuel delivered to customers of $8.9 million at December 31, 2019.

(b)

Right of use asset: The correction of this misstatement resulted in a net decrease to cost of revenue for power purchase agreements of $747 thousand. An increase to selling, general, and administrative expense of $25 thousand, and an increase to interest and other expense, net of $522 thousand.

(c)

Loss accrual provision:  The correction of this misstatement resulted in a net decrease to cost of revenue for services performed on fuel cell systems and related infrastructure of $1.2 million and a net decrease to the provision for loss contracts related to service of $394 thousand for the period ended December 31, 2019.

(d)

Other adjustments:  Immaterial adjustments for the period ended December 31, 2019 resulted in the following: a net increase of $36 thousand to revenue from sales of fuel cell systems and related infrastructure. A net decrease to revenue from power purchase agreements of $300 thousand. A net decrease of $65 thousand to the cost of revenue for sales of fuel cell systems and related infrastructure. A net increase to

the cost of revenue for services performed on fuel cell systems and related infrastructure of $44 thousand. A net decrease to cost of revenue for power purchase agreements of $70 thousand. A net increase of $44 thousand to cost of revenue related to fuel delivered to customers. A net increase to research and development expense of $876 thousand. A net decrease to selling general and administrative expense of $1.1 million, a net increase to interest and other expense, net of $185 thousand and an increase of $518 thousand loss on the extinguisment of debt (which was previously reported as interest and other expense, net of $518 thousand).

(e)

Series E redeemable convertible preferred stock deemed dividend: The correction of this misstatement resulted in a net increase of $1.8 million to preferred stock dividends declared, deemed dividends and accretion of discount.

For the Year Ended December 31, 2018

    

As Previously

    

Restatement

    

    

Restatement

Reported

Adjustments

As Restated

References

Net revenue:

Sales of fuel cell systems and related infrastructure

$

107,292

$

(117)

$

107,175

d

Services performed on fuel cell systems and related infrastructure

22,002

22,002

Power Purchase Agreements

 

22,869

 

(300)

 

22,569

d

Fuel delivered to customers

 

22,469

 

 

22,469

Net revenue

174,632

(417)

174,215

Cost of revenue:

Sales of fuel cell systems and related infrastructure

 

84,439

 

766

 

85,205

a,d

Services performed on fuel cell systems and related infrastructure

 

23,698

 

8,573

 

32,271

a, d

Provision for loss contracts related to service

5,345

5,345

c

Power Purchase Agreements

 

36,161

 

5,200

 

41,361

a, b

Fuel delivered to customers

 

27,712

 

8,325

 

36,037

a

Total cost of revenue

 

172,010

28,209

200,219

Gross (loss) profit

 

2,622

(28,626)

(26,004)

Operating expenses:

Research and development

33,907

(21,157)

12,750

a

Selling, general and administrative

38,198

(513)

37,685

d

Total operating expenses

72,105

(21,670)

50,435

Operating loss

(69,483)

(6,956)

(76,439)

Interest and other expense, net

 

(22,135)

 

(615)

 

(22,750)

b

Change in fair value of common stock warrant liability

 

4,286

 

 

4,286

Loss before income taxes

$

(87,332)

$

(7,571)

$

(94,903)

Income tax benefit

 

9,217

 

78

 

9,295

d

Net loss attributable to the Company

$

(78,115)

$

(7,493)

$

(85,608)

Preferred stock dividends declared, deemed dividends and accretion of discount

 

(52)

 

 

(52)

Net loss attributable to common stockholders

$

(78,167)

$

(7,493)

$

(85,660)

Net loss per share:

Basic and diluted

$

(0.36)

$

(0.39)

Weighted average number of common stock outstanding

 

218,882,337

 

218,882,337

For the year ended December 31, 2018

(a)

Research and development: The correction of this misstatement resulted in a net decrease of $21.2 million to research and development, and an increase of $614 thousand to the cost of sales of fuel cell systems and related infrastructure, an increase of $8.0 million to the cost of services performed on fuel cell systems and related infrastructure, an increase of $4.2 million to the cost of power purchase agreements and an increase in the cost of fuel delivered to customers of $8.3 million at December 31, 2018.

(b)

Right of use asset: The correction of this misstatement resulted in a net increase to cost of revenue for power purchase agreements of $937 thousand, and an increase to interest and other expense, net of $615 thousand.

(c)

Loss accrual provision:  The correction of this misstatement resulted in a net increase to the provision for loss contracts related to service of $5.3 million for the period ended December 31, 2018.

(d)

Other adjustments:  Immaterial adjustments for the period ended December 31, 2018  resulted in the following: a net decrease of $117 thousand to revenue from sales of fuel cell systems and related infrastructure. A net decrease to revenue from power purchase agreements of $300 thousand. A net increase of $152 thousand to the cost of revenue for sales of fuel cell systems and related infrastructure. A net increase to the cost of revenue for services performed on fuel cell systems and related infrastructure of $619 thousand. A net decrease to selling general and administrative expense of $513 thousand and an increase to the income tax benefit of $78 thousand.

The following tables present the effect of the Restatement Items, as well as other adjustments, on the Company’s consolidated statements of comprehensive loss for the periods indicated (in thousands):

    

For the year ended December 31, 2019

For the year ended December 31, 2018

As Previously

    

Cumulative

    

    

As Previously

    

Cumulative

    

    

Restatement

Reported

Adjustments

As Restated

Reported

Adjustments

As Restated

References

Net loss attributable to the Company

$

(85,465)

$

1,722

$

(83,743)

$

(78,115)

$

(7,493)

$

(85,608)

Other comprehensive loss - foreign currency translation adjustment

 

(184)

 

(112)

 

(296)

 

(610)

 

(610)

b

Comprehensive loss attributable to the Company

$

(85,649)

$

1,610

$

(84,039)

$

(78,725)

$

(7,493)

$

(86,218)

Preferred stock dividends declared, deemed dividends and accretion of discount

(52)

(1,760)

(1,812)

(52)

(52)

a

Comprehensive loss attributable to common stockholders

(85,701)

(150)

(85,851)

(78,777)

(7,493)

(86,270)

For the year ened December 31, 2019 and 2018

(a)

Series E convertible preferred stock deemed dividend:  The correction of this misstatement resulted in a net decrease of $1.8 million to preferred stock dividends declared, deemed dividends and accretion of discount to the period ended December 31, 2019.

(b)

Other adjustments: Immaterial adjustment for the period ended December 31, 2019 resulted in a net increase of $112 thousand for the other comprehensive loss related to the foreign currency translation adjustment.

The following tables present the effect of the Restatement Items, as well as other adjustments, on the Company’s consolidated statements of stockholders’ equity (deficit) for the periods indicated (in thousands, except share amounts):

    

    

    

    

    

    

    

Accumulated

    

    

    

    

    

    

Additional

Other

Total

Common Stock

 Paid-in

Comprehensive

Treasury Stock

Accumulated

Stockholders’

Restatement

    

Shares

    

Amount

    

Capital

    

Income

    

Shares

    

Amount

    

Deficit

    

Equity (Deficit)

 

References

BALANCE - December 31, 2017 (As Previously Reported)

 

229,073,517

$

2,291

$

1,250,899

$

2,194

 

587,151

$

(3,102)

$

(1,178,636)

$

73,646

Cumulative adjustments

 

 

 

 

 

 

 

(3,417)

 

(3,417)

a,b

BALANCE - December 31, 2017 (As Restated)

229,073,517

2,291

1,250,899

2,194

587,151

(3,102)

(1,182,053)

70,229

BALANCE - December 31, 2018 (As Previously Reported)

 

234,160,661

$

2,342

$

1,289,714

$

1,584

 

15,002,663

$

(30,637)

$

(1,260,290)

$

2,713

Cumulative adjustments

 

 

 

(78)

 

 

 

 

(6,223)

 

(6,301)

a,b

BALANCE - December 31, 2018 (As Restated)

234,160,661

2,342

1,289,636

1,584

15,002,663

(30,637)

(1,266,513)

(3,588)

BALANCE - December 31, 2019 (As Previously Reported)

 

318,637,560

$

3,186

$

1,507,116

$

1,400

 

15,259,045

$

(31,216)

$

(1,345,807)

$

134,679

Cumulative adjustments

(163)

(112)

(4,500)

(4,775)

a,b

BALANCE - December 31, 2019 (As Restated)

318,637,560

$

3,186

$

1,506,953

$

1,288

 

15,259,045

$

(31,216)

$

(1,350,307)

$

129,904

As of December 31, 2019 and 2018

(a)

Restatement Items: The correction of material misstatements resulted in a net increase in accumulated deficit of $4.5 million, $6.2 million and $3.4 million as of December 31, 2019, 2018 and 2017, respectively.

(b)

Other adjustments: Immaterial adjustments resulted in the following: for the period ended December 31, 2019, there was a net increase of $112 thousand for the other comprehensive loss related to the foreign currency translation adjustment and a net decrease of $163 thousand in additional paid-in capital; and for the period ended December 31, 2018, there was a net decrease in additional paid-in capital of $78 thousand.

The following tables present the effect of the Restatement Items, as well as other adjustments, on the Company’s consolidated statements of cashflows for the periods indicated (in thousands):

For the Year Ended December 31, 2019

 

As previously

Restatement

    

Restatement

    

Reported

    

Adjustments

    

As Restated

References

Operating Activities

Net loss attributable to the Company

$

(85,465)

$

1,722

$

(83,743)

a

Adjustments to reconcile net loss to net cash used in operating activities:

Depreciation of long-lived assets

11,989

(51)

11,938

b, d

Amortization of intangible assets

 

698

 

698

Stock-based compensation

 

10,890

 

10,890

Loss on extinguishment of debt

 

 

518

518

d

Provision for bad debts and other assets

 

1,981

 

1,981

Amortization of debt issuance costs and discount on convertible senior notes

 

8,821

 

185

9,006

d

Provision for common stock warrants

6,513

 

6,513

Loss on disposal of leased assets

212

212

Change in fair value of common stock warrant liability

(79)

(79)

Benefit on service contracts

(1,643)

(1,643)

c

Changes in operating assets and liabilities that provide (use) cash:

Accounts receivable

10,646

(52)

10,594

d

Inventory

(24,481)

(152)

(24,633)

d

Prepaid expenses, and other assets

(8,110)

(8,110)

Accounts payable, accrued expenses, and other liabilities

 

19,879

 

(2,645)

17,234

b, d

Deferred revenue

(5,016)

316

(4,700)

d

Net cash used in operating activities

 

(51,522)

 

(1,802)

 

(53,324)

Investing Activities

 

 

Purchases of property, plant and equipment

(5,683)

(5,683)

Purchase of intangible assets

 

(2,404)

 

(2,404)

Purchases of equipment related to PPA and equipment related to fuel delivered to customers

(6,532)

(6,532)

Proceeds from sale of leased assets

 

375

375

Net cash used in investing activities

(14,244)

 

(14,244)

Financing Activities

Proceeds from issuance of preferred stock and warrants, net of transaction costs

 

14,089

 

14,089

Proceeds from public offerings, net of transaction costs

 

158,428

 

(85)

158,343

d

Proceeds from exercise of stock options

1,217

1,217

Payments for redemption of preferred stock

 

(4,040)

 

(4,040)

Proceeds from issuance of convertible senior notes, net

39,052

39,052

Proceeds from borrowing of long-term debt, net of transaction costs

119,186

119,186

Principal payments on long-term debt

(24,827)

(518)

(25,345)

d

Proceeds from finance obligations

83,668

83,668

Repayments of finance obligations

(61,713)

2,517

(59,196)

b

Net cash provided by financing activities

325,060

1,914

326,974

Effect of exchange rate changes on cash

53

(112)

(59)

d

Increase in cash, cash equivalents and restricted cash

259,347

259,347

Cash, cash equivalents, and restricted cash beginning of period

110,153

110,153

Cash, cash equivalents, and restricted cash end of period

$

369,500

$

$

369,500

Supplemental disclosure of cash flow information

Cash paid for interest

$

19,180

$

19,180

Summary of non-cash investing and financing activity

Recognition of right of use assets

$

127,370

$

(74,446)

$

52,924

b

Conversion of preferred stock to common stock

28,392

28,392

For the year ended December 31, 2019

(a)

Refer to descriptions of the adjustments and their impact on net loss in the Consolidated Statement of Operations sections for the year ended December 31, 2019 above.

(b)

Right of use asset: The correction of this misstatement resulted in a net decrease to operating cashflows of $2.7 million and a net increase to cash provided by financing activities of $2.5 million for the period ended December 31, 2019. In addition there was a net decrease of $74.4 million to the non-cash investing and financing activity related to the recognition of the right of use asset.

(c)

Provision for loss contracts related to service: The correction of this misstatement resulted in a net decrease to operating cashflows of $1.6 million for the period ended December 31 2019.

(d)

Other adjustments:  Immaterial adjustments resulted in an net increase to operating cashflows of $906 thousand, a decrease to cash provided by financing activites of $603 thousand and a decrease to effect of exchange rate changes on cash of $112 thousand, for the period ended December 31 2019

For the Year Ended December 31, 2018

As previously

Restatement

    

Restatement

    

Reported

    

Adjustments

    

As Restated

References

Operating Activities

Net loss attributable to the Company

$

(78,115)

$

(7,493)

$

(85,608)

a

Adjustments to reconcile net loss to net cash used in operating activities:

Depreciation of long-lived assets

11,014

818

11,832

b, d

Amortization of intangible assets

 

693

 

693

Stock-based compensation

 

8,771

 

8,771

Provision for bad debts and other assets

 

1,626

 

1,626

Amortization of debt issuance costs and discount on convertible senior notes

 

6,347

 

6,347

Provision for common stock warrants

10,190

 

10,190

Change in fair value of common stock warrant liability

 

(4,286)

(4,286)

Income tax benefit

(9,217)

(78)

(9,295)

d

Loss on service contracts

5,345

5,345

c

Changes in operating assets and liabilities that provide (use) cash:

Accounts receivable

(14,398)

(268)

(14,666)

d

Inventory

19,041

152

19,193

d

Prepaid expenses, and other assets

(4,654)

(4,654)

Accounts payable, accrued expenses, and other liabilities

 

(10,266)

 

106

(10,160)

d

Deferred revenue

5,637

685

6,322

d

Net cash used in operating activities

 

(57,617)

 

(733)

 

(58,350)

Investing Activities

 

 

Purchases of property, plant and equipment

(5,142)

(5,142)

Purchases of equipment related to PPA and equipment related to fuel delivered to customers

(13,501)

(13,501)

Purchase of intangible assets

 

(929)

 

(929)

Net cash used in investing activities

(19,572)

 

(19,572)

Financing Activities

Proceeds from issuance of preferred stock and warrants, net of transaction costs

 

30,934

 

30,934

Proceeds from public offerings, net of transaction costs

 

7,195

 

7,195

Proceeds from exercise of stock options

138

138

Proceeds from issuance of convertible senior notes, net

95,856

95,856

Purchase of capped calls and common stock forward

(43,500)

(43,500)

Principal payments on long-term debt

(16,190)

(16,190)

Proceeds from finance obligations

76,175

76,175

Repayments of finance obligations

(31,264)

733

(30,531)

b

Net cash provided by financing activities

119,344

733

120,077

Effect of exchange rate changes on cash

(57)

(57)

Increase in cash, cash equivalents and restricted cash

42,098

42,098

Cash, cash equivalents, and restricted cash beginning of period

68,055

68,055

Cash, cash equivalents, and restricted cash end of period

$

110,153

$

$

110,153

Supplemental disclosure of cash flow information

Cash paid for interest

$

13,057

$

13,057

Summary of non-cash investing and financing activity

Recognition of right of use assets

$

79,057

$

(37,378)

$

41,679

b

Net transfers between inventory and long-lived assets

18,175

18,175

For the year ended December 31, 2018

(a)

Refer to descriptions of the adjustments and their impact on net loss in the Consolidated Statement of Operations and Consolidated Balance Sheets sections for the year ended December 31, 2018 above.

(b)

Right of use asset: The correction of this misstatement resulted in a net increase to operating cashflows of $818 thousand and a net increase to financing cash flows of $733 thousand for the period ended December 31, 2018. In addition, there was a net decrease of $37.4 million to the non-cash investing and financing activity related to the recognition of the right of use asset

(c)

Provision for loss contracts related to service: The correction of this misstatement resulted in a net increase to operating cashflows of $5.3 million for the period ended December 31 2018.

(d)

Other adjustments:  Immaterial adjustments resulted in an net increase to cash used in operating cash flows of $597 thousand for the period ended December 31 2018.