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Unaudited Quarterly Financial data and Restatement of Previously Issued Unaudited Interim Condensed Consolidated Financial Statements
12 Months Ended
Dec. 31, 2020
Unaudited Quarterly Financial data and Restatement of Previously Issued Unaudited Interim Condensed Consolidated Financial Statements  
Unaudited Quarterly Financial data and Restatement of Previously Issued Unaudited Interim Condensed Consolidated Financial Statements

3. Unaudited Quarterly Financial data and Restatement of Previously Issued Unaudited Interim Condensed Consolidated Financial Statements

The following tables below include corrections to the prior period results, and include the Restatement Items and other adjustments included in Note 2, “Restatement of Previously Issued Consolidated Financial Statements,” as well as the following:

Bonus Accrual – There was a $5.3 million understatement of bonus expense and related payroll expense for the three months ended September 30, 2020 due to the Company not properly estimating the bonus expense for the nine month period ended September 30, 2020.

Right of Use assets and lease liabilities – There was a $2.4 million understatement of right of use assets and lease liabilities at September 30, 2020 due to the Company not properly recognizing lease liabilities and right of use assets for certain leases that renewed during the third quarter of 2020.

Loss accrual provision – There was a $21.0 understatement of the provision for loss contracts as of September 30, 2020 due to the Company not properly estimating the loss accrual related to extended maintenance contracts.

The summary of the quarterly statement of operations are presented as follows:

Quarters ended

 

As Restated

    

March 31,

    

June 30,

    

September 30,

    

December 31,

 

2020

2020

2020

2020

 

Net revenue:

 

Sales of fuel cell systems and related infrastructure

$

20,468

$

47,746

$

83,662

$

(246,171)

Services performed on fuel cell systems and related infrastructure

 

6,521

 

6,236

 

6,829

 

(29,387)

Power Purchase Agreements

 

6,421

 

6,579

 

6,629

 

6,991

Fuel delivered to customers

 

7,333

 

7,372

 

9,831

 

(40,608)

Other

76

62

97

76

Net revenue

40,819

67,995

107,048

(309,099)

Gross loss

 

(9,703)

 

(15)

 

(28,584)

 

(431,114)

Operating expenses

15,883

26,517

25,726

46,660

Operating loss

 

(25,586)

 

(26,532)

 

(54,310)

 

(477,774)

Net loss attributable to common stockholders

(37,445)

(9,414)

(65,217)

(484,105)

Loss per share:

Basic and Diluted

$

(0.12)

$

(0.03)

$

(0.18)

$

(1.35)

Quarters ended

 

As Restated

    

March 31,

    

June 30,

    

September 30,

    

December 31,

 

2019

2019

2019

2019

 

Net revenue:

 

Sales of fuel cell systems and related infrastructure

$

2,550

$

38,702

$

38,883

$

69,785

Services performed on fuel cell systems and related infrastructure

 

6,343

 

5,341

 

6,205

 

7,328

Power Purchase Agreements

 

6,035

 

6,334

 

6,520

 

6,664

Fuel delivered to customers

 

6,582

 

7,089

 

7,649

 

7,779

Other

135

51

Net revenue

21,510

57,466

59,392

91,607

Gross (loss) profit

 

(7,740)

 

6,142

 

4,500

 

7,746

Operating expenses

12,227

17,221

13,958

14,855

Operating loss

 

(19,967)

 

(11,079)

 

(9,458)

 

(7,109)

Net loss attributable to common stockholders

(30,560)

(17,351)

(18,366)

(19,277)

Loss per share:

Basic and Diluted

$

(0.14)

$

(0.08)

$

(0.08)

$

(0.07)

Summary impact of Restatement Items to previously reported unaudited interim condensed consolidated financial information

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

As of September 30, 2020

    

As previously

    

Restatement

    

    

Restatement

Reported

Adjustments

As Restated

References

Assets

Current assets:

Cash and cash equivalents

$

448,140

$

$

448,140

Restricted cash

55,704

55,704

Accounts receivable

 

113,133

 

372

 

113,505

e

Inventory

 

134,306

 

(103)

 

134,203

e

Prepaid expenses and other current assets

 

26,731

 

 

26,731

Total current assets

 

778,014

 

269

 

778,283

Restricted cash

 

227,528

 

 

227,528

Property, plant, and equipment, net

64,820

 

 

64,820

Right of use assets related to finance leases, net

2,335

2,335

a

Right of use assets related to operating leases, net

90,184

90,184

a, b

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

309,475

 

(237,584)

 

71,891

a, b

Goodwill

71,962

(140)

71,822

e

Intangible assets, net

 

39,169

 

400

 

39,569

e

Other assets

 

9,661

 

 

9,661

Total assets

$

1,500,629

$

(144,536)

$

1,356,093

Liabilities, Redeemable Preferred Stock, and Stockholders’ Equity

Current liabilities:

Accounts payable

$

58,793

$

$

58,793

Accrued expenses

 

32,031

 

5,917

 

37,948

d, e

Deferred revenue

 

17,226

 

 

17,226

Operating lease liabilities

10,609

10,609

a, b

Finance lease liabilities

374

374

a

Finance obligations

63,692

(32,343)

31,349

a, b

Current portion of long-term debt

74,829

74,829

Other current liabilities

 

17,280

 

3,803

 

21,083

b, c

Total current liabilities

 

263,851

 

(11,640)

 

252,211

Deferred revenue

 

29,648

 

(137)

 

29,511

e

Operating lease liabilities

74,422

74,422

a, b

Finance lease liabilities

2,384

2,384

a

Finance obligations

 

337,150

 

(196,488)

 

140,662

a, b

Convertible senior notes, net

105,088

105,088

Long-term debt

120,380

120,380

Other liabilities

 

27,068

 

18,102

 

45,170

c

Total liabilities

 

883,185

 

(113,357)

 

769,828

Stockholders’ equity:

Common stock, $0.01 par value per share; 750,000,000 shares authorized; Issued: 406,123,816 at September 30, 2020

 

4,061

 

 

4,061

Additional paid-in capital

 

2,083,199

 

(30)

 

2,083,169

e

Accumulated other comprehensive income

 

1,958

 

(112)

 

1,846

e

Accumulated deficit

 

(1,431,340)

 

(31,037)

 

(1,462,377)

Less common stock in treasury

(40,434)

(40,434)

Total stockholders’ equity

 

617,444

 

(31,179)

 

586,265

Total liabilities, redeemable preferred stock, and stockholders’ equity

$

1,500,629

$

(144,536)

$

1,356,093

As of September 30, 2020

(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 September 30, 2020:

$235.8 million was reclassified from equipment related to power purchase agreements and fuel delivered to customers, net to the right of use assets related to operating leases, net:
$2.3 million was reclassified from equipment related to power purchase agreements and fuel delivered to customers, net to the right of use asset related to finance leases, net;
$32.7 million was reclassified from current finance obligations to current operating lease liabilities;
$195.1 million was reclassified from non-current finance obligations to non-current operating lease liabilities;
$374 thousand was reclassified from current finance obligations to  current finance lease liabilities; and
$2.4 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 September 30, 2020:

the right of use assets related to operating leases, net had a decrease of $145.6 million;
equipment related to power purchase agreements and fuel delivered to customers, net had an increase of $535 thousand;
current operating lease liabilities had a decrease of $22.1 million;
non-current operating lease liabilities had a decrease of $120.6 million;
the current and non current finance obligations had an increase of $788 thousand and $1.0 million, respectively; and
other current liabilities had a decrease of $2.6 million

(c)

Loss accrual provision: The correction of this misstatement resulted in an increase of $6.4 million to other current liabilities and an increase of $18.1 million to other long-term liabilities at September 30, 2020.

(d)

Bonus accrual: Adjustments related to the under accrual for bonus expenses resulted in an increase in accrued expenses of $5.3 million at September 30, 2020.

(e)

Other adjustments: Immaterial adjustments at September 30, 2020 resulted in the following: An increase to accounts receivable of $372 thousand and a decrease to inventory of $103 thousand. A decrease to goodwill of $140 thousand, and an increase to intangible assets of $400 thousand. An increase in accrued expenses of $703 thousand, a net, a decrease to deferred revenue of $137 thousand, a decrease to additional paid in capital of $30 thousand and a decrease to accumulated other comprehensive income of $112 thousand.

As of June 30, 2020

    

As previously

    

Restatement

    

    

Restatement

Reported

Adjustments

As Restated

References

Assets

Current assets:

Cash and cash equivalents

$

152,492

$

$

152,492

Restricted cash

50,634

50,634

Accounts receivable

 

45,522

 

260

 

45,782

d

Inventory

 

114,571

 

 

114,571

Prepaid expenses and other current assets

 

31,436

 

 

31,436

Total current assets

 

394,655

 

260

 

394,915

Restricted cash

 

180,127

 

 

180,127

Property, plant, and equipment, net

60,018

 

 

60,018

Right of use assets related to finance leases, net

2,389

2,389

a

Right of use assets related to operating leases, net

71,789

71,789

a, b

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

274,721

 

(206,293)

 

68,428

a, b

Goodwill

70,402

(140)

70,262

d

Intangible assets, net

 

38,574

 

400

 

38,974

d

Other assets

 

11,817

 

 

11,817

Total assets

$

1,030,314

$

(131,595)

$

898,719

Liabilities, Redeemable Preferred Stock, and Stockholders’ Equity

Current liabilities:

Accounts payable

$

39,812

$

$

39,812

Accrued expenses

 

23,320

 

597

 

23,917

d

Deferred revenue

 

14,902

 

 

14,902

Operating lease liabilities

9,453

9,453

a, b

Finance lease liabilities

345

345

a

Finance obligations

57,695

(28,901)

28,794

a, b

Current portion of long-term debt

50,933

50,933

Other current liabilities

 

21,692

 

(2,274)

 

19,418

b, c

Total current liabilities

 

208,354

 

(20,780)

 

187,574

Deferred revenue

 

25,038

 

(190)

 

24,848

d

Operating lease liabilities

58,410

58,410

a, b

Finance lease liabilities

2,465

2,465

a

Finance obligations

 

300,653

 

(169,000)

 

131,653

a, b

Convertible senior notes, net

142,704

185

142,889

d

Long-term debt

101,844

101,844

Other liabilities

 

11,756

 

2,720

 

14,476

c

Total liabilities

 

790,349

 

(126,190)

 

664,159

Stockholders’ equity:

Common stock, $0.01 par value per share; 750,000,000 shares authorized; Issued: 348,201,792 at June 30, 2020

 

3,482

 

 

3,482

Additional paid-in capital

 

1,658,532

 

(94)

 

1,658,438

d

Accumulated other comprehensive income

 

1,271

 

(112)

 

1,159

d

Accumulated deficit

 

(1,391,961)

 

(5,199)

 

(1,397,160)

Less common stock in treasury

(31,359)

(31,359)

Total stockholders’ equity

 

239,965

 

(5,405)

 

234,560

Total liabilities, redeemable preferred stock, and stockholders’ equity

$

1,030,314

$

(131,595)

$

898,719

As of June 30, 2020

(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 June 30, 2020:

$204.7 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;
$2.4 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;
$29.5 million was reclassified from current finance obligations to current operating lease liabilities;
$169.0 million was reclassified from non-current finance obligations to non-current operating lease liabilities;
$345 thousand was reclassified from current finance obligations to current finance lease liabilities; and
$2.4 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 June 30, 2020:

the right of use assets related to operating leases, net had a decrease of $132.9 million;
equipment related to power purchase agreements and fuel delivered to customers, net had an increase of $837 thousand;
current operating lease liabilities had a decrease of $20.1 million;
non-current operating lease liabilities had a decrease of $110.6 million;
the current and non current finance obligations had an increase of $898 thousand and $2.4 million, respectively; and
other current liabilities had a decrease of $3.5 million.

(c)

Loss accrual provision: The correction of this misstatement resulted in a net increase of $1.3 million to other current liabilities and a net increase of $2.7 million to other long-term liabilities at June 30, 2020.

(d)

Other adjustments: Immaterial adjustments at June 30, 2020 resulted in the following: An increase to accounts receivable of $260 thousand, a decrease to goodwill of $140 thousand, and an increase to intangible assets of $400 thousand. An increase in accrued expenses of $597 thousand,  a decrease to deferred revenue of $190 thousand, an increase of $185 thousand to convertible senior notes, a decrease to additional paid in capital of $94 thousand and a decrease to accumulated other comprehensive income of $112 thousand.

As of March 31, 2020

    

As previously

    

Restatement

    

    

Restatement

Reported

Adjustments

As Restated

References

Assets

Current assets:

Cash and cash equivalents

$

74,340

$

$

74,340

Restricted cash

56,804

56,804

Accounts receivable

 

24,437

 

297

 

24,734

d

Inventory

 

92,972

 

 

92,972

Prepaid expenses and other current assets

 

28,500

 

 

28,500

Total current assets

 

277,053

 

297

 

277,350

Restricted cash

 

176,070

 

 

176,070

Property, plant, and equipment, net

16,591

 

 

16,591

Right of use assets related to finance leases, net

1,707

1,707

a

Right of use assets related to operating leases, net

64,812

64,812

a, b

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

252,802

 

(184,400)

 

68,402

a, b

Goodwill

8,673

8,673

Intangible assets, net

 

5,296

 

400

 

5,696

d

Other assets

 

12,059

 

 

12,059

Total assets

$

748,544

$

(117,184)

$

631,360

Liabilities, Redeemable Preferred Stock, and Stockholders’ Equity

Current liabilities:

Accounts payable

$

35,503

$

$

35,503

Accrued expenses

 

14,273

 

597

 

14,870

d

Deferred revenue

 

11,557

 

 

11,557

Operating lease liabilities

8,959

8,959

a, b

Finance lease liabilities

204

204

a

Finance obligations

52,047

(25,838)

26,209

a, b

Current portion of long-term debt

27,819

27,819

Other current liabilities

 

10,423

 

(1,977)

 

8,446

b, c

Total current liabilities

 

151,622

 

(18,055)

 

133,567

Deferred revenue

 

22,912

 

(228)

 

22,684

d

Operating lease liabilities

52,165

52,165

a, b

Finance lease liabilities

1,953

1,953

a

Finance obligations

 

272,171

 

(150,849)

 

121,322

a, b

Convertible senior notes, net

112,878

185

113,063

d

Long-term debt

79,119

79,119

Other liabilities

 

13

 

2,373

 

2,386

c

Total liabilities

 

638,715

 

(112,456)

 

526,259

Redeemable preferred stock:

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 March 31, 2020

709

709

Stockholders’ equity:

Common stock, $0.01 par value per share; 750,000,000 shares authorized; Issued: 322,220,469 at March 31, 2020

 

3,222

 

 

3,222

Additional paid-in capital

 

1,519,257

 

(163)

 

1,519,094

d

Accumulated other comprehensive income

 

1,164

 

(112)

 

1,052

d

Accumulated deficit

 

(1,383,299)

 

(4,453)

 

(1,387,752)

Less common stock in treasury

(31,224)

(31,224)

Total stockholders’ equity

 

109,120

 

(4,728)

 

104,392

Total liabilities, redeemable preferred stock, and stockholders’ equity

$

748,544

$

(117,184)

$

631,360

As of March 31, 2020

(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 March 31, 2020:

$183.4 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;
$26.6 million was reclassified from current finance obligations to current operating lease liabilities;
$151.0 million was reclassified from non-current finance obligations to non-current operating lease liabilities;
$204 thousand was reclassified from current finance obligations to current finance lease liabilities; and
$1.9 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 March 31, 2020:

the right of use assets related to operating leases, net had a decrease of $118.6 million;
equipment related to power purchase agreements and fuel delivered to customers, net had an increase of $725 thousand;
current operating lease liabilities had a decrease of $17.7 million;
non-current operating lease liabilities had a decrease of $99.0 million;
the current finance obligations and non-current finance obligations had an increase of $1.0 million and $2.0 million, respectively; and
other current liabilities had a decrease of $3.2 million.

(c)

Loss accrual provision: The correction of this misstatement resulted in an increase of $1.2 million to other current liabilities and an increase of $2.4 million to other long-term liabilities at March 31, 2020.

(d)

Other adjustments: Immaterial adjustments at March 31, 2020 resulted in the following:  An increase to accounts receivable of $297 thousand. An increase to intangible assets of $400 thousand. An increase in accrued expenses of $597 thousand, a decrease to deferred revenue of $228

thousand, an increase of $185 thousand to convertible senior notes, net, a decrease to additional paid in capital of $163 thousand and a decrease to accumulated other comprehensive income of $112 thousand.

As of September 30, 2019

As previously

Restatement

Restatement

    

Reported

    

Adjustments

    

As Restated

    

References

Assets

Current assets:

Cash and cash equivalents

$

43,275

$

$

43,275

Restricted cash

35,720

35,720

Accounts receivable

 

24,392

 

345

 

24,737

d

Inventory

 

80,601

 

 

80,601

Prepaid expenses and other current assets

 

12,804

 

 

12,804

Total current assets

 

196,792

 

345

 

197,137

Restricted cash

 

119,322

 

 

119,322

Property, plant, and equipment, net

14,990

 

 

14,990

Right of use assets related to finance leases, net

1,720

1,720

a

Right of use assets related to operating leases, net

47,016

47,016

a, b

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

202,034

 

(134,786)

 

67,248

a, b

Goodwill

8,606

8,606

Intangible assets, net

 

5,113

 

 

5,113

Other assets

 

9,152

 

 

9,152

Total assets

$

556,009

$

(85,705)

$

470,304

Liabilities, Redeemable Preferred Stock, and Stockholders’ Deficit

Current liabilities:

Accounts payable

$

36,851

$

$

36,851

Accrued expenses

 

9,457

 

 

9,457

Deferred revenue

 

11,480

 

 

11,480

Operating lease liabilities

8,666

8,666

a, b

Finance lease liabilities

310

310

a

Finance obligations

41,112

(20,643)

20,469

a, b

Current portion of long-term debt

17,202

17,202

Other current liabilities

 

10,238

 

(1,865)

 

8,373

b, c

Total current liabilities

 

126,340

 

(13,532)

 

112,808

Deferred revenue

 

22,444

 

(231)

 

22,213

d

Operating lease liabilities

36,599

36,599

a, b

Finance lease liabilities

2,068

2,068

a

Finance obligations

 

208,465

 

(108,796)

 

99,669

a, b

Common stock warrant liability

98

98

Convertible senior notes, net

107,760

185

107,945

d

Long-term debt

78,840

78,840

Other liabilities

 

13

 

2,821

 

2,834

c

Total liabilities

 

543,960

 

(80,886)

 

463,074

Redeemable preferred stock, $.01 par value

Series C redeemable convertible preferred stock, $0.01 par value per share 10,431 shares authorized; Issued
and outstanding: 2,620 at September 30, 2019

709

709

Series E redeemable convertible preferred stock, $0.01 par value per share; Shares authorized: 35,000 at
September 30, 2019; Issued and outstanding: 28,269 at September 30, 2019

25,746

25,746

Stockholders’ deficit:

Common stock, $0.01 par value per share; 750,000,000 shares authorized; Issued: 253,982,578 at September 30, 2019

 

2,540

 

 

2,540

Additional paid-in capital (1)

 

1,340,859

 

(78)

 

1,340,781

d

Accumulated other comprehensive income

 

929

 

 

929

Accumulated deficit (1)

 

(1,327,518)

 

(4,741)

 

(1,332,259)

Less common stock in treasury

(31,216)

(31,216)

Total stockholders’ deficit

 

(14,406)

 

(4,819)

 

(19,225)

Total liabilities, redeemable preferred stock, and stockholders’ deficit

$

556,009

$

(85,705)

$

470,304

(1)

The “as previously reported” balances include a decrease in additional paid-in capital of $6.5 million and an increase of $6.5 million to accumulated deficit due to the impact of the adoption of ASU 2019-08 of January 1, 2019.

As of September 30, 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 September 30, 2019:

$133.7 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;
$21.1 million was reclassified from current finance obligations to current operating lease liabilities;
$109.3 million was reclassified from non-current finance obligations to non-current operating lease liabilities;
$310 thousand was reclassified from current finance obligations to current finance lease liabilities; and
$2.1 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 September 30, 2019:

the right of use assets related to operating leases, net had a decrease of $86.7 million;
equipment related to power purchase agreements and fuel delivered to customers, net had an increase of $655 thousand;
current operating lease liabilities had a decrease of $12.4 million;
non-current operating lease liabilities had a decrease of $72.7 million;
the current and non-current finance obligations had a increase of $752 thousand and an increase $2.6 million; and
other current liabilities had a decrease of $3.0 million.

(c)

Loss accrual provision: The correction of this misstatement resulted in a net increase of $1.2 million to other current liabilities and a net increase of $2.8 million to other long-term liabilities at September 30, 2019.

(d)

Other adjustments: Immaterial adjustments at September 30, 2019 resulted in the following: Adjustments related to increases in accounts receivable of $345 thousand, decrease in deferred revenue of $231 thousand, increase in convertible senior notes of $185 thousand and decrease in additional paid in capital of $78 thousand.

As of June 30, 2019

As previously

Restatement

Restatement

    

Reported

    

Adjustments

    

As Restated

    

References

Assets

Current assets:

Cash and cash equivalents

$

19,845

$

$

19,845

Restricted cash

19,400

19,400

Accounts receivable

 

26,592

 

252

 

26,844

d

Inventory

 

73,190

 

 

73,190

Prepaid expenses and other current assets

 

14,001

 

 

14,001

Total current assets

 

153,028

 

252

 

153,280

Restricted cash

 

96,082

 

 

96,082

Property, plant, and equipment, net

14,228

 

 

14,228

Right of use assets related to finance leases, net

1,726

1,726

a

Right of use assets related to operating leases, net

39,679

39,679

a, b

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

170,455

 

(101,473)

 

68,982

a, b

Goodwill

8,961

8,961

Intangible assets, net

 

5,398

 

 

5,398

Other assets

 

8,842

 

 

8,842

Total assets

$

456,994

$

(59,816)

$

397,178

Liabilities, Redeemable Preferred Stock, and Stockholders’ Deficit

Current liabilities:

Accounts payable

$

36,946

$

$

36,946

Accrued expenses

 

4,522

 

 

4,522

Deferred revenue

 

11,730

 

 

11,730

Operating lease liabilities

7,512

7,512

a, b

Finance lease liabilities

266

266

a

Finance obligations

30,663

(18,208)

12,455

a, b

Current portion of long-term debt

15,928

15,928

Other current liabilities

 

3,017

 

688

 

3,705

b, c

Total current liabilities

 

102,806

 

(9,742)

 

93,064

Deferred revenue

 

24,519

 

(393)

 

24,126

d

Common stock warrant liability

525

525

Operating lease liabilities

30,631

30,631

a, b

Finance lease liabilities

2,123

2,123

a

Finance obligations

 

157,531

 

(80,615)

 

76,916

a, b

Convertible senior notes, net

66,844

66,844

Long-term debt

83,776

83,776

Other liabilities

 

13

 

3,320

 

3,333

c

Total liabilities

 

436,014

 

(54,676)

 

381,338

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 both June 30, 2019

709

709

Series E redeemable convertible preferred stock, $0.01 par value per share (aggregate involuntary liquidation
preference $35,000 at June 30, 2019); Shares authorized: 35,000 at June 30,
2019; Issued and outstanding: 35,000 at June 30, 2019

30,926

30,926

Stockholders’ deficit:

Common stock, $0.01 par value per share; 750,000,000 shares authorized; Issued: 246,975,173 at June 30, 2019

 

2,470

 

 

2,470

Additional paid-in capital (1)

 

1,325,459

 

(78)

 

1,325,381

d

Accumulated other comprehensive income

 

1,460

 

 

1,460

Accumulated deficit (1)

 

(1,309,363)

 

(5,062)

 

(1,314,425)

Less common stock in treasury

(30,681)

(30,681)

Total stockholders’ deficit

 

(10,655)

 

(5,140)

 

(15,795)

Total liabilities, redeemable preferred stock, and stockholders’ deficit

$

456,994

$

(59,816)

$

397,178

(1)

The "as previously reported" balances include a decrease in additional paid-in capital of $3.5 million and an increase of $3.5 million to accumulated deficit due to the impact of the adoption of ASU 2019-08 of January 1, 2019.

As of June 30, 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 June 30, 2019:

$100.3 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;
$16.6 million was reclassified from current finance obligations to current operating lease liabilities;
$80.6 million was reclassified from non-current finance obligations to non-current operating lease liabilities;
$266 thousand was reclassified from current finance obligations to current finance lease liabilities; and
$2.1 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 June 30, 2019:

the right of use assets related to operating leases, net had a decrease of $60.6 million;
equipment related to power purchase agreements and fuel delivered to customers, net had an increase of $543 thousand;
current operating lease liabilities had a decrease of $9.1 million;
non-current operating lease liabilities had a decrease of $50.0 million;
the current and non-current finance obligations had a decrease of $1.4 million and an increase of $2.2 million; and
other current liabilities had a decrease of $464 thousand.

(c)

Loss accrual provision: The correction of this misstatement resulted in a net increase of $1.2 million to other current liabilities and a net increase of $3.3 million to other long-term liabilities at June 30, 2019.

(d)

Other adjustments: Immaterial adjustments at June 30, 2019 resulted in the following: Adjustments related to increases in accounts receivable of $252 thousand, a decrease in deferred revenue of $393 thousand, and a decrease in additional paid in capital of $78 thousand.

As of March 31, 2019

As previously

Restatement

Restatement

    

Reported

    

Adjustments

    

As Restated

    

References

Assets

Current assets:

Cash and cash equivalents

$

39,336

$

$

39,336

Restricted cash

19,297

19,297

Accounts receivable

 

32,062

 

245

 

32,307

d

Inventory

 

65,474

 

 

65,474

Prepaid expenses and other current assets

 

10,296

 

 

10,296

Total current assets

 

166,465

 

245

 

166,710

Restricted cash

 

50,598

 

 

50,598

Property, plant, and equipment, net

13,615

 

 

13,615

Right of use assets related to finance leases, net

1,733

1,733

a

Right of use assets related to operating leases, net

33,599

33,599

a, b

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

141,889

 

(70,961)

 

70,928

a, b

Goodwill

8,886

8,886

Intangible assets, net

 

3,677

 

 

3,677

Other assets

 

11,069

 

 

11,069

Total assets

$

396,199

$

(35,384)

$

360,815

Liabilities, Redeemable Preferred Stock, and Stockholders’ Deficit

Current liabilities:

Accounts payable

$

31,688

$

$

31,688

Accrued expenses

 

6,509

 

 

6,509

Deferred revenue

 

11,736

 

 

11,736

Operating lease liabilities

7,042

7,042

a, b

Finance lease liabilities

236

236

a

Finance obligations

23,997

(12,969)

11,028

a, b

Current portion of long-term debt

12,559

12,559

Other current liabilities

 

2,271

 

1,474

 

3,745

c

Total current liabilities

 

88,760

 

(4,217)

 

84,543

Deferred revenue

 

25,835

 

(469)

 

25,366

d

Operating lease liabilities

25,657

25,657

a, b

Finance lease liabilities

2,142

2,142

a

Finance obligations

 

111,195

 

(56,331)

 

54,864

a, b

Common stock warrant liability

2,231

2,231

Convertible senior notes, net

65,025

65,025

Long-term debt

72,676

72,676

Other liabilities

 

17

 

3,729

 

3,746

c

Total liabilities

 

365,739

 

(29,489)

 

336,250

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 March 31, 2019

709

709

Series E redeemable convertible preferred stock, $0.01 par value per share (aggregate involuntary liquidation
preference $35,000 at March 31, 2019); Shares authorized: 35,000 at March
31, 2019 ; Issued and outstanding: 35,000 at March 31, 2019

30,931

30,931

Stockholders’ deficit:

Common stock, $0.01 par value per share; 750,000,000 shares authorized; Issued:
244,537,235 at March 31, 2019

 

2,445

 

 

2,445

Additional paid-in capital (1)

 

1,316,893

 

(78)

 

1,316,815

d

Accumulated other comprehensive income

 

1,374

 

 

1,374

Accumulated deficit (1)

 

(1,291,255)

 

(5,817)

 

(1,297,072)

Less common stock in treasury

(30,637)

(30,637)

Total stockholders’ deficit

 

(1,180)

 

(5,895)

 

(7,075)

Total liabilities, redeemable preferred stock, and stockholders’ deficit

$

396,199

$

(35,384)

$

360,815

(1)

The "as previously reported" balances include a decrease in additional paid-in capital of $3.0 million and an increase of $3.0 million to accumulated deficit due to the impact of the adoption of ASU 2019-08 of January 1, 2019.

As of March 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 March 31, 2019:

$69.7 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;
$13.1 million was reclassified from current finance obligations to current operating lease liabilities;
$54.2 million was reclassified from non-current finance obligations to non-current operating lease liabilities;
$236 thousand was reclassified from current finance obligations to current finance lease liabilities; and
$2.1 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 March 31, 2019:

the right of use assets related to operating leases, net had a decrease of $36.1 million;
equipment related to power purchase agreements and fuel delivered to customers, net had an increase of $432 thousand;
current operating lease liabilities had a decrease of $6.1 million;
non-current operating lease liabilities had a decrease of $28.6 million; and
the current and non-current finance obligations had an increase of $360 thousand and $19 thousand.

(c)

Loss accrual provision: The correction of this misstatement resulted in an increase of $1.5 million to other current liabilities and an increase of $3.7 million to other long-term liabilities at March 31, 2019.

(d)

Other adjustments: Immaterial adjustments at March 31, 2019 resulted in the following: Adjustments related to increases in accounts receivable of $245 thousand, a decrease in deferred revenue of $469 thousand, and 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 unaudited interim condensed consolidated statements of operations for the periods indicated (in thousands, except per share):

    

For the three months ended September 30, 2020

    

For the nine months ended September 30, 2020

    

As Previously

    

Restatement

    

As

As Previously

    

Restatement

    

As

    

Restatement

Reported

    

Adjustments

    

Restated

    

Reported

    

Adjustments

    

Restated

    

References

Net revenue:

Sales of fuel cell systems and related infrastructure

$

83,528

$

134

$

83,662

$

151,661

$

215

$

151,876

e

Services performed on fuel cell systems and related infrastructure

6,829

6,829

19,586

19,586

Power Purchase Agreements

 

6,704

 

(75)

 

6,629

 

19,854

 

(225)

 

19,629

e

Fuel delivered to customers

 

9,831

 

 

9,831

 

24,536

 

 

24,536

Other

97

97

235

235

Net revenue

106,989

59

107,048

215,872

(10)

215,862

Cost of revenue:

Sales of fuel cell systems and related infrastructure

 

68,509

 

919

 

69,428

 

115,929

 

1,361

 

117,290

a,d,e

Services performed on fuel cell systems and related infrastructure

 

7,074

 

2,106

 

9,180

 

21,746

 

5,554

 

27,300

a,b,d

Provision for loss contracts related to service

4,306

20,841

25,147

4,306

21,642

25,948

b

Power Purchase Agreements

 

14,087

 

657

 

14,744

 

42,034

 

1,985

 

44,019

a,c,e

Fuel delivered to customers

 

14,172

 

2,830

 

17,002

 

32,267

 

7,065

 

39,332

a,d

Other

 

131

 

 

131

 

275

 

 

275

Total cost of revenue

 

108,279

 

27,353

 

135,632

 

216,557

 

37,607

 

254,164

Gross loss

 

(1,290)

 

(27,294)

 

(28,584)

 

(685)

 

(37,617)

 

(38,302)

Operating expenses:

Research and development

11,964

(4,578)

7,386

32,133

(15,100)

17,033

a,d

Selling, general and administrative

14,277

2,933

17,210

46,948

3,015

49,963

c,d

Change in fair value of contingent consideration

 

 

1,130

 

1,130

 

 

1,130

 

1,130

f

Total operating expenses

26,241

(515)

25,726

79,081

(10,955)

68,126

Operating loss

(27,531)

(26,779)

(54,310)

(79,766)

(26,662)

(106,428)

Interest and other expense, net

 

(17,241)

 

(310)

 

(17,551)

 

(42,022)

 

(837)

 

(42,859)

c

Change in fair value of contingent consideration

(1,130)

1,130

(1,130)

1,130

f

Gain on extinguishment of debt

13,222

13,222

Loss before income taxes

$

(45,902)

$

(25,959)

$

(71,861)

$

(109,696)

$

(26,369)

$

(136,065)

Income tax benefit

 

6,523

 

121

 

6,644

 

24,182

 

(167)

 

24,015

e

Net loss attributable to the Company

$

(39,379)

$

(25,838)

$

(65,217)

$

(85,514)

$

(26,536)

$

(112,050)

Preferred stock dividends declared, deemed dividends and accretion of discount

 

 

 

 

(19)

 

(7)

 

(26)

e

Net loss attributable to common shareholders

$

(39,379)

$

(25,838)

$

(65,217)

$

(85,533)

$

(26,543)

$

(112,076)

Net loss per share:

Basic and diluted

$

(0.11)

$

(0.18)

$

(0.26)

$

(0.34)

Weighted average number of common shares outstanding

 

371,010,544

 

371,010,544

 

330,949,265

 

330,949,265

For the three months ended September 30, 2020

(a)

Research and development: The correction of this misstatement resulted in a net decrease of $5.5 million to research and development, and an increase of $232 thousand to the cost of sales of fuel cell systems and related infrastructure, an increase of $1.5 million to the cost of service performed on fuel cell systems and related infrastructure, an increase of $955 thousand to the cost of Power Purchase Agreements and an increase in the cost of fuel delivered to customers of $2.8 million for the three months ended September 30, 2020.

(b)

Provision for loss contracts related to service: The correction of this misstatement resulted in a net increase of $20.8 million to the provision for loss contracts and a $315 thousand decrease in the cost of services performed on fuel cell systems and related infrastructure for the three months ended September 30, 2020.

(c)

Right of use asset: The correction of this misstatement resulted in a net decrease of $280 thousand to the cost of Power Purchase Agreements and a net decrease of $56 thousand to selling, general and administrative expenses, and net increase in interest and other expense of $310 thousand for the three months ended September 30, 2020.

(d)

Bonus Accrual: Adjustments related to the under accrual for bonus expenses resulted in an increase in cost of sales of fuel cell systems and related infrastructure of $584 thousand, increase in cost of services performed on fuel cell systems and related infrastructure of $930 thousand, increase in cost of fuel delivered to customers of $56 thousand, an increase in research and development expense of $872 thousand, and an increase in selling and general administration expenses of $2.9 million for the three months ended September 30, 2020.

(e)

Other adjustments: Immaterial adjustments for the three months ended September 30, 2020 resulted in a net increase of $134 thousand to revenue from the sales of fuel cell and systems and related infrastructure, a net decrease of $75 thousand in revenue from Power Purchase Agreements and a net decrease of $18 thousand in cost of revenue related to Power Purchase Agreements, an increase of $103 thousand in the cost of revenue related to the sales of fuel cell systems and related infrastructure and an increase to the income tax benefit of $121 thousand.

(f)

Contingent Consideration: The correction of this misstatement resulted in a reclassification of $1.1 million to operating expenses.

For the nine months ended September 30, 2020

(a)

Research and development: The correction of this misstatement resulted in a net decrease of $15.9 million to research and development, and an increase of $674 thousand to the cost of sales of fuel cell systems and related infrastructure, an increase of $5.5 million to the cost of service performed on fuel cell systems and related infrastructure, and increase of $2.8 million to the cost of Power Purchase Agreements and an increase in the cost of fuel delivered to customer of $7 million for the nine months ended September 30 2020.

(b)

Provision for loss contracts related to service: The correction of this misstatement resulted in a net increase of $21.6 million to the provision for loss contracts and a $839 thousand decrease in the cost of services performed on fuel cell systems and related infrastructure for the nine months ended September 30, 2020.

(c)

Right of use asset: The correction of this misstatement resulted in a net decrease of $788 thousand to the cost of Power Purchase Agreements and a net decrease of $138 thousand to selling, general and administrative expenses, and a net increase of $837 thousand in interest and other expenses for the nine months ended September 30, 2020.

(d)

Bonus Accrual: Adjustments related to the under accrual for bonus expenses resulted in an increase in cost of sales of fuel cell systems and related infrastructure of $584 thousand, increase in cost of services performed on fuel cell systems and related infrastructure of $931 thousand, increase in cost of fuel delivered to customers of $56 thousand, an increase in research and development expense of $872 thousand, and an increase in selling and general administration expenses of $2.9 million for the nine months ended September 30, 2020.

(e)

Other adjustments: Immaterial adjustments for the nine months ended September 30, 2020 resulted in a net increase of $215 thousand to revenue from the sales of fuel cell and systems and related infrastructure a net decrease of $225 thousand in revenue from power purchase agreements and a net decrease of $54 thousand in cost of revenue related to Power Purchase Agreements, an increase of $103 thousand in the cost of revenue related to the sales of fuel cell systems and related infrastructure, a decrease to the income tax benefit of $167 thousand and an increase in preferred stock dividends declared, deemed dividends and accretion of discount of $7 thousand.

(f)

Contingent Consideration: The correction of this misstatement resulted in a reclassification of $1.1 million to operating expenses.

    

For the three months ended June 30, 2020

For the six months ended June 30, 2020

As Previously

Restatement

As

As Previously

Restatement

As

Restatement

Reported

    

Adjustments

    

Restated

    

Reported

    

Adjustments

    

Restated

    

References

Net revenue:

Sales of fuel cell systems and related infrastructure

$

47,746

$

$

47,746

$

68,133

$

81

$

68,214

d

Services performed on fuel cell systems and related infrastructure

6,236

6,236

12,757

12,757

Power Purchase Agreements

 

6,654

 

(75)

 

6,579

 

13,150

 

(150)

 

13,000

d

Fuel delivered to customers

 

7,372

 

 

7,372

 

14,705

 

 

14,705

Other

62

62

138

138

Net revenue

68,070

(75)

67,995

108,883

(69)

108,814

Cost of revenue:

Sales of fuel cell systems and related infrastructure

 

33,676

 

212

 

33,888

 

47,420

 

442

 

47,862

a

Services performed on fuel cell systems and related infrastructure

 

6,491

 

1,282

 

7,773

 

14,672

 

3,448

 

18,120

a,b

Provision for loss contracts related to service

706

706

801

801

b

Power Purchase Agreements

 

13,704

 

800

 

14,504

 

27,947

 

1,328

 

29,275

a, c, d

Fuel delivered to customers

 

9,060

 

2,016

 

11,076

 

18,095

 

4,235

 

22,330

a

Other

 

63

 

 

63

 

144

 

 

144

Total cost of revenue

 

62,994

 

5,016

 

68,010

 

108,278

 

10,254

 

118,532

Gross (loss) profit

 

5,076

 

(5,091)

 

(15)

 

605

 

(10,323)

 

(9,718)

Operating expenses:

Research and development

9,757

(4,884)

4,873

20,169

(10,522)

9,647

a

Selling, general and administrative

21,658

(14)

21,644

32,671

82

32,753

c

Total operating expenses

 

31,415

(4,898)

26,517

52,840

(10,440)

42,400

Operating loss

(26,339)

(193)

(26,532)

(52,235)

117

(52,118)

 

Interest and other expense, net

 

(13,198)

 

(264)

 

(13,462)

(24,781)

 

(527)

 

(25,308)

c

Gain on extinguishment of debt

 

13,222

 

 

13,222

 

13,222

 

 

13,222

Loss before income taxes

$

(26,315)

$

(457)

$

(26,772)

$

(63,794)

$

(410)

$

(64,204)

Income tax benefit

 

17,659

 

(288)

 

17,371

 

17,659

 

(288)

 

17,371

d

Net loss attributable to the Company

$

(8,656)

$

(745)

$

(9,401)

$

(46,135)

$

(698)

$

(46,833)

Preferred stock dividends declared, deemed dividends and accretion of discount

 

(13)

 

 

(13)

 

(19)

 

(7)

 

(26)

d

Net loss attributable to common stockholders

$

(8,669)

$

(745)

$

(9,414)

$

(46,154)

$

(705)

$

(46,859)

Net loss per share:

Basic and diluted

$

(0.03)

$

(0.03)

$

(0.15)

$

(0.15)

Weighted average number of common shares outstanding

 

316,645,050

 

316,645,050

 

310,918,626

 

310,918,626

For the three months ended June 30, 2020

(a)

Research and development: The correction of this misstatement resulted in a net decrease of $ 4.9 million to research and development, and an increase of $212 thousand to the cost of sales of fuel cell systems and related infrastructure, an increase of $1.6 million to the cost of service performed on fuel cell systems and related infrastructure, an increase of $1.1 million to the cost of Power Purchase Agreements and an increase in the cost of fuel delivered to customers of $2.0 million for the three months ended June 30, 2020.

(b)

Provision for loss contracts related to service: The correction of this misstatement resulted in a net increase of $706 thousand to the provision for loss contracts and a $315 thousand decrease in the cost of services performed on fuel cell systems and related infrastructure for the three months ended June 30, 2020.

(c)

Right of use asset: The correction of this misstatement resulted in a net decrease of $255 thousand to the cost of Power Purchase Agreements and a net decrease of $14 thousand to selling, general and administrative expenses, and a net increase to interest and other expenses of $264 thousand for the three months ended June 30, 2020.

(d)

Other adjustments: Immaterial adjustments for the three months ended June 30, 2020 resulted in a net decrease of $75 thousand from revenue from Power Purchase Agreements, a net decrease of $18 thousand in the cost of Power Purchase Agreements and a net decrease of $288 thousand in income tax benefit.

For the six months ended June 30, 2020

(a)

Research and development: The correction of this misstatement resulted in a net decrease of $10.5 million to research and development, and an increase of $442 thousand to the cost of sales of fuel cell systems and related infrastructure, an increase of $4.0 million to the cost of service performed on fuel cell systems and related infrastructure, an increase of $1.9 million to the cost of Power Purchase Agreements and an increase in the cost of fuel delivered to customers of $4.2 million  for the six months ended June 30, 2020.

(b)

Provision for loss contracts related to service: The correction of this misstatement resulted in a net increase of $801 thousand to the provision for loss contracts and a $524 thousand decrease in the cost of services performed on fuel cell systems and related infrastructure for the six months ended June 30, 2020.

(c)

Right of use asset: The correction of this misstatement resulted in a net decrease of $508 thousand to the cost of Power Purchase Agreements, a net increase of $82 thousand to selling, general and administrative expenses and a net increase of $527 thousand to interest and other expenses for the six months ended June 30, 2020.

(d)

Other adjustments: Immaterial adjustments for the six months ended June 30, 2020 resulted in a net increase of $81 thousand to revenue from the sales of fuel cell and systems and related infrastructure, a net decrease of $150 thousand in revenue from Power Purchase Agreements, a net decrease of $36 thousand in cost of revenue related to Power Purchase Agreements and a decrease to the income tax benefit of $288 thousand. A net decrease of $7 thousand related to preferred stock dividends.

    

For the three months ended March 31, 2020

As Previously

Restatement

Restatement

Reported

    

Adjustments

    

As Restated

    

References

Net revenue:

Sales of fuel cell systems and related infrastructure

$

20,387

$

81

$

20,468

d

Services performed on fuel cell systems and related infrastructure

6,521

6,521

Power Purchase Agreements

 

6,496

 

(75)

 

6,421

d

Fuel delivered to customers

 

7,333

 

 

7,333

Other

76

76

Net revenue

40,813

6

40,819

Cost of revenue:

Sales of fuel cell systems and related infrastructure

 

13,744

 

230

 

13,974

a

Services performed on fuel cell systems and related infrastructure

 

8,181

 

2,166

 

10,347

a,b

Provision for loss contracts related to service

95

95

b

Power Purchase Agreements

 

14,243

 

528

 

14,771

a,c,d

Fuel delivered to customers

 

9,035

 

2,219

 

11,254

a

Other

 

81

 

 

81

Total cost of revenue

 

45,284

 

5,238

 

50,522

Gross loss

 

(4,471)

 

(5,232)

(9,703)

Operating expenses:

Research and development

10,412

(5,638)

4,774

a

Selling, general and administrative

11,013

96

11,109

c

Total operating expenses

21,425

(5,542)

15,883

Operating loss

(25,896)

310

(25,586)

Interest and other expense, net

 

(11,583)

 

(263)

 

(11,846)

c

Gain (loss) on extinguishment of debt

Loss before income taxes

$

(37,479)

$

47

$

(37,432)

Income tax benefit

 

 

 

Net loss attributable to the Company

$

(37,479)

$

47

$

(37,432)

Preferred stock dividends declared, deemed dividends and accretion of discount

 

(13)

 

 

(13)

Net loss attributable to common stockholders

$

(37,492)

$

47

$

(37,445)

Net loss per share:

Basic and diluted

$

(0.12)

$

(0.12)

Weighted average number of common shares outstanding

 

305,192,201

 

305,192,201

For the three months ended March 31, 2020

a)

Research and development: The correction of this misstatement resulted in a net decrease of $5.6 million to research and development, and an increase of $230 thousand to the cost of sales of fuel cell systems and related infrastructure, an increase of $2.4 million to the cost of service performed on fuel cell systems and related infrastructure, and increase of $799 thousand to the cost of Power Purchase Agreements and an increase in the cost of fuel delivered to customer of $2.2 million for the three months ended March 31, 2020.

b)

Provision for loss contracts related to service: The correction of this misstatement resulted in a net increase of $95 thousand to the provision for loss contracts and a net decrease of $224 thousand in the costs of services performed on fuel cell systems and related infrastructure  for the three months ended March 31, 2020.

c)

Right of use asset: The correction of this misstatement resulted in a net decrease of $253 to the cost of power purchase agreements, a net increase of $96 thousand to selling, general and administrative expenses, and a net increase in interest and other expenses of $262 thousand for the three months ended March 31, 2020.

d)

Other adjustments: Immaterial adjustments for the three months ended June 30, 2020 resulted in a net decrease of $75 thousand from revenue from Power Purchase Agreements and a net increase of $81 thousand from revenue related to fuel cell systems and related infrastructure.

    

For the three months ended December 31, 2019

As Previously

Restatement

As

Restatement

Reported

    

Adjustments

    

Restated

    

References

Net revenue:

Sales of fuel cell systems and related infrastructure

$

69,767

$

18

$

69,785

e

Services performed on fuel cell systems and related infrastructure

7,328

7,328

Power Purchase Agreements

 

6,739

 

(75)

 

6,664

e

Fuel delivered to customers

 

7,779

 

 

7,779

Other

51

51

Net revenue

91,664

(57)

91,607

Cost of revenue:

Sales of fuel cell systems and related infrastructure

 

46,419

 

672

 

47,091

a, e

Services performed on fuel cell systems and related infrastructure

 

9,999

 

1,607

 

11,606

a, b, e

Provision for loss contracts related to service

13

13

b

Power Purchase Agreements

 

11,992

 

309

 

12,301

a, e

Fuel delivered to customers

 

10,422

 

2,378

 

12,800

a, e

Other

 

50

 

 

50

Total cost of revenue

 

78,882

 

4,979

 

83,861

Gross loss

 

12,782

 

(5,036)

 

7,746

Operating expenses:

Research and development

9,341

(4,459)

4,882

a, e

Selling, general and administrative

10,982

(1,009)

9,973

e

Total operating expenses

20,323

(5,468)

14,855

Operating loss

(7,541)

432

(7,109)

Interest and other expense, net

 

(10,806)

 

(193)

 

(10,999)

d

Change in fair value of common stock warrant liability

 

72

 

 

72

Loss before income taxes

$

(18,275)

$

239

$

(18,036)

Income tax benefit

 

 

 

Net loss attributable to the Company

$

(18,275)

$

239

$

(18,036)

Preferred stock dividends declared, deemed dividends and accretion of discount

 

(13)

 

(1,228)

 

(1,241)

f

Net loss attributable to common shareholders

$

(18,288)

$

(989)

$

(19,277)

Net loss per share:

Basic and diluted

$

(0.07)

$

(0.07)

Weighted average number of common shares outstanding

 

260,053,150

 

260,053,150

For the three months ended December 31, 2019

(a)

Research and development: The correction of this misstatement resulted in a net decrease of $5.3 million to research and development, an increase of $585 thousand to the cost of sales of fuel cell systems and related infrastructure, an increase of $1.9 million to the costs of services performed on fuel cell systems and related infrastructure, an increase in cost of Power Purchase Agreements of $564 thousand and an increase in the cost of fuel delivered to customers of $2.3 million for the three months ended December 31, 2019.

(b)

Provision for loss contracts related to service: The correction of this misstatement resulted in an increase of $13 thousand to the provision for loss contracts related to service and a decrease of $289 thousand to costs of services performed on fuel cell systems and related infrastructure for the three months ended December 31, 2019.

(c)

Right of use asset: The correction of the misstatement resulted in net decrease of $237 thousand of costs related to Power Purchase Agreements for the three months ended December 31, 2019.

(d)

Interest Expense: The correction of this misstatement resulted in an increase of $193 thousand to interest and other expense, net for the three months ended December 31, 2019.

(e)

Other adjustments: Immaterial adjustments for the three months ended December 31, 2019 resulted in the following: Adjustments related to an increase in sales of fuel cells and related infrastructure of $18 thousand, an increase $87 thousand in cost of revenue for sales of fuel cell systems and related infrastructure, an increase of $44 thousand in cost of services performed on fuel cells and related infrastructure, a decrease in sales related to Power Purchase Agreements of $75 thousand, a decrease in cost of Power Purchase Agreements of $18 thousand, an increase of $44 thousand in cost of fuel delivered to customers, an increase of $876 thousand in research and development expenses and a decrease of $1.0 million in selling general and administrative costs.

(f)

Series E redeemable convertible preferred stock deemed dividend: The correction of this misstatement resulted in a net increase of $1.3 million to preferred stock dividends declared, deemed dividends and accretion of discount.

    

For the three months ended September 30, 2019

For the nine months ended September 30, 2019

As Previously

Restatement

As

As Previously

Restatement

As

Restatement

Reported

    

Adjustments

    

Restated

    

Reported

    

Adjustments

    

Restated

    

References

Net revenue:

Sales of fuel cell systems and related infrastructure

$

38,877

$

6

$

38,883

$

80,117

$

18

$

80,135

e

Services performed on fuel cell systems and related infrastructure

6,205

6,205

17,889

17,889

Power Purchase Agreements

 

6,595

 

(75)

 

6,520

 

19,114

 

(225)

 

18,889

e

Fuel delivered to customers

 

7,649

 

 

7,649

 

21,320

 

 

21,320

Other

135

135

135

135

Net revenue

59,461

(69)

59,392

138,575

(207)

138,368

Cost of revenue:

Sales of fuel cell systems and related infrastructure

 

24,990

 

193

 

25,183

 

50,440

 

384

 

50,824

a

Services performed on fuel cell systems and related infrastructure

 

6,461

 

1,341

 

7,802

 

18,802

 

4,174

 

22,976

a, b

Provision (benefit) for loss contracts related to service

(206)

(206)

(407)

(407)

b

Power Purchase Agreements

 

10,353

 

461

 

10,814

 

28,064

 

1,412

 

29,476

a, c, e

Fuel delivered to customers

 

9,160

 

1,989

 

11,149

 

25,935

 

6,512

 

32,447

a

Other

 

150

 

 

150

 

150

 

 

150

Total cost of revenue

 

51,114

 

3,778

 

54,892

 

123,391

 

12,075

 

135,466

Gross profit

 

8,347

 

(3,847)

 

4,500

 

15,184

 

(12,282)

 

2,902

Operating expenses:

Research and development

8,028

(4,465)

3,563

24,334

(14,157)

10,177

a

Selling, general and administrative

10,400

(5)

10,395

33,351

(122)

33,229

c

Total operating expenses

18,428

(4,470)

13,958

57,685

(14,279)

43,406

Operating loss

(10,081)

623

(9,458)

(42,501)

1,997

(40,504)

Interest and other expense, net

 

(7,972)

 

(301)

 

(8,273)

 

(24,178)

 

(514)

 

(24,692)

d

Change in fair value of common stock warrant liability

 

427

 

 

427

 

7

 

 

7

Loss on extinguishment of debt

 

(518)

 

 

(518)

 

(518)

 

 

(518)

Loss before income taxes

$

(18,144)

$

322

$

(17,822)

$

(67,190)

$

1,483

$

(65,707)

Income tax benefit

 

 

 

 

 

 

Net loss attributable to the Company

$

(18,144)

$

322

$

(17,822)

$

(67,190)

$

1,483

$

(65,707)

Preferred stock dividends declared, deemed dividends and accretion of discount

 

(13)

 

(531)

 

(544)

 

(39)

 

(531)

 

(570)

f

Net loss attributable to common shareholders

$

(18,157)

$

(209)

$

(18,366)

$

(67,229)

$

952

$

(66,277)

Net loss per share:

Basic and diluted

$

(0.08)

$

(0.08)

$

(0.29)

$

(0.29)

Weighted average number of common shares outstanding

 

236,759,521

 

236,759,521

 

229,519,323

 

229,519,323

For the three months ended September 30, 2019

(a)

Research and development: The correction of this misstatement resulted in a net decrease of $4.5 million to research and development, and an increase of $193 thousand to the cost of sales of fuel cell systems and related infrastructure, an increase of $1.6 million to the cost of service performed on fuel cell systems and related infrastructure, an increase in cost of Power Purchase Agreements of $654 thousand and an increase in the cost of fuel delivered to customers of $2.0 million for the three months ended September 30, 2019.

(b)

Provision for loss contracts related to service: The correction of this misstatement resulted in benefit of $206 thousand to the provision for loss contracts related to service and a decrease of $288 thousand to costs of services performed on fuel cell systems and related infrastructure for the three months ended September 30, 2019.

(c)

Right of use asset: The correction of the misstatement resulted in net decrease of $175 thousand of cost related to power purchase agreements and a decrease of $5 thousand in selling general and administrative expenses for the three months ended September 30, 2019.

(d)

Interest Expense: The correction of this misstatement resulted in an increase of $301 thousand to interest and other expense, net for the three months ended September 30, 2019.

(e)

Other adjustments: Immaterial adjustments for the three months ended September 30, 2019 resulted in the following: Adjustments related to an increase in sales of fuel cells and related infrastructure of $6 thousand, a decrease in sales related to Power Purchase Agreements of $75 thousand and a decrease in cost of Power Purchase Agreements of $18 thousand.

(f)

Series E redeemable convertible preferred stock deemed dividend: The correction of this misstatement resulted in a net increase of $531 thousand to preferred stock dividends declared, deemed dividends and accretion of discount.

For the nine months ended September 30, 2019

(a)

Research and development: The correction of this misstatement resulted in a net decrease of $14.2 million to research and development, an increase of $384 thousand to the cost of sales of fuel cell systems and related infrastructure, an increase of $5.1 million to the costs of services performed on fuel cell systems and related infrastructure, increase in cost of Power Purchase Agreements of $2.0 million and an increase in the cost of fuel delivered to customers of $6.5 million for the nine months ended September 30, 2019.

(b)

Provision for loss contracts related to service: The correction of this misstatement resulted in benefit of $407 thousand to the provision for loss contracts related to service and a decrease of $960 thousand to costs of service performed on fuel cell systems and related infrastructure for the nine months ended September 30, 2019.

(c)

Right of use asset: The correction of the misstatement resulted in a net decrease of $150 thousand of costs related to power purchase agreements and a decrease of $122 thousand in selling general and administrative expenses for the nine months ended September 30, 2019.

(d)

Interest Expense: The correction of this misstatement resulted in increase of of $514 thousand to interest and other expense, net for the nine months ended September 30, 2019.

(e)

Other adjustments: Immaterial adjustments for the nine months ended September 30, 2019 resulted in the following: Adjustments related to an increase in sales of fuel cells and related infrastructure of $18 thousand, a decrease in sales related to Power Purchase Agreements of $225 thousand and a decrease in cost of Power Purchase Agreements of $53 thousand.

(f)

Series E redeemable convertible preferred stock deemed dividend: The correction of this misstatement resulted in a net increase of $531 thousand to preferred stock dividends declared, deemed dividends and accretion of discount.

    

For the three months ended June 30, 2019

For the six months ended June 30, 2019

As Previously

Restatement

As

As Previously

Restatement

As

Restatement

Reported

    

Adjustments

    

Restated

    

Reported

    

Adjustments

    

Restated

    

References

Net revenue:

Sales of fuel cell systems and related infrastructure

$

38,696

$

6

$

38,702

$

41,240

$

12

$

41,252

e

Services performed on fuel cell systems and related infrastructure

5,341

5,341

11,684

11,684

Power Purchase Agreements

 

6,409

 

(75)

 

6,334

 

12,519

 

(150)

 

12,369

e

Fuel delivered to customers

 

7,089

 

 

7,089

 

13,671

 

 

13,671

Other

Net revenue

57,535

(69)

57,466

79,114

(138)

78,976

Cost of revenue:

Sales of fuel cell systems and related infrastructure

 

23,129

 

200

 

23,329

 

25,450

 

191

 

25,641

a, e

Services performed on fuel cell systems and related infrastructure

 

6,218

 

2,165

 

8,383

 

12,341

 

2,833

 

15,174

a, b

Provision (benefit) for loss contracts related to service

(363)

(363)

(201)

(201)

b

Power Purchase Agreements

 

8,713

 

116

 

8,829

 

17,711

 

951

 

18,662

a, e

Fuel delivered to customers

 

8,854

 

2,292

 

11,146

 

16,775

 

4,523

 

21,298

a

Total cost of revenue

 

46,914

 

4,410

 

51,324

 

72,277

 

8,297

 

80,574

Gross loss

 

10,621

 

(4,479)

 

6,142

 

6,837

 

(8,435)

 

(1,598)

Operating expenses:

Research and development

8,933

(5,325)

3,608

16,306

(9,692)

6,614

a

Selling, general and administrative

13,627

(14)

13,613

22,951

(117)

22,834

c

Total operating expenses

22,560

(5,339)

17,221

39,257

(9,809)

29,448

Operating loss

(11,939)

860

(11,079)

(32,420)

1,374

(31,046)

Interest and other expense, net

 

(7,861)

 

(104)

 

(7,965)

 

(16,206)

 

(213)

 

(16,419)

d

Change in fair value of common stock warrant liability

 

1,706

 

 

1,706

 

(420)

 

 

(420)

Loss before income taxes

$

(18,094)

$

756

$

(17,338)

$

(49,046)

$

1,161

$

(47,885)

Income tax benefit

 

 

 

 

 

 

Net loss attributable to the Company

$

(18,094)

$

756

$

(17,338)

$

(49,046)

$

1,161

$

(47,885)

Preferred stock dividends declared, deemed dividends and accretion of discount

 

(13)

 

 

(13)

 

(26)

 

 

(26)

Net loss attributable to common shareholders

$

(18,107)

$

756

$

(17,351)

$

(49,072)

$

1,161

$

(47,911)

Net loss per share:

Basic and diluted

$

(0.08)

$

(0.08)

$

(0.22)

$

(0.21)

Weighted average number of common shares outstanding

 

231,114,868

 

231,114,868

 

225,899,224

 

225,899,224

For the three months ended June 30, 2019

(a)

Research and development: The correction of this misstatement resulted in a net decrease of $5.3 million to research and development, an increase of $200 thousand to the cost of sales of fuel cell systems and related infrastructure, an increase of $2.5 million to the cost of service performed on fuel cell systems and related infrastructure, an increase in cost of Power Purchase Agreements of $299 thousand, and an increase in the cost of fuel delivered to customers of $2.3 million for the three months ended June 30, 2019.

(b)

Provision for loss contracts related to service: The correction of this misstatement resulted in benefit of of $363 thousand to the provision for loss contracts related to service and a decrease of $369 thousand to costs of services performed on fuel cell systems and related infrastructure for the three months ended June 30, 2019.

(c)

Right of use asset: The correction of the misstatement resulted in net decrease of $165 thousand of revenue related to cost of power purchase agreements, and a decrease of $14 thousand in selling general and administrative for the three months ended June 30, 2019.

(d)

Interest Expense: The correction of this misstatement resulted in increase of of $104 thousand to interest and other expense, net for the three months ended June 30, 2019.

(e)

Other adjustments: Immaterial adjustments for the three months ended March 31, 2019 resulted in the following: Adjustments related to an increase in sales of fuel cells and related infrastructure of $6 thousand, a decrease in sales related to Power Purchase Agreements of $75 thousand, and a decrease in cost of Power Purchase Agreements of $18 thousand.

For the six months ended June 30, 2019

(a)

Research and development: The correction of this misstatement resulted in a net decrease of $9.7 million to research and development, and an increase of $343 thousand to the cost of sales of fuel cell systems and related infrastructure, an increase of $3.5 million to the cost of service performed on fuel cell systems and related infrastructure, an increase in cost of Power Purchase Agreements of $1.3 million, and an increase in the cost of fuel delivered to customers of $4.5 million for the six months ended June 30, 2019.

(b)

Provision for loss contracts related to service: The correction of this misstatement resulted in benefit of of $201 thousand to the provision for loss contracts related to service and a decrease of $672 thousand to cost service performed on fuel cell systems and related infrastructure for the six months ended June 30, 2019.

(c)

Right of use asset: The correction of the misstatement resulted in net decrease of $335 thousand of cost related to power purchase agreements and a decrease of $117 thousand in selling general and administrative for the six months ended June 30, 2019.

(d)

Interest Expense: The correction of this misstatement resulted in increase of $213 thousand to interest and other expense, net for the six months ended June 30, 2019.

(e)

Other adjustments: Immaterial adjustments for the six months ended June 30, 2019 resulted in the following: Adjustments related to an increase in sales of fuel cells and related infrastructure of $12 thousand, a decrease in sales related to Power Purchase Agreements of $150 thousand, a decrease of $152 thousand in the cost of revenue for sales of fuel cells and related infrastructure and decrease in cost of Power Purchase Agreements of $35 thousand.

    

For the three months ended March 31, 2019

As Previously

Restatement

As

Restatement

Reported

    

Adjustments

    

Restated

    

References

Net revenue:

Sales of fuel cell systems and related infrastructure

$

2,544

$

6

$

2,550

e

Services performed on fuel cell systems and related infrastructure

6,343

6,343

Power Purchase Agreements

 

6,110

 

(75)

 

6,035

e

Fuel delivered to customers

 

6,582

 

 

6,582

Net revenue

21,579

(69)

21,510

Cost of revenue:

Sales of fuel cell systems and related infrastructure

 

2,321

 

(9)

 

2,312

a, e

Services performed on fuel cell systems and related infrastructure

 

6,123

 

668

 

6,791

a, b

Provision for loss contracts related to service

162

162

b

Power Purchase Agreements

 

8,998

 

835

 

9,833

a, c, e

Fuel delivered to customers

 

7,921

 

2,231

 

10,152

a

Total cost of revenue

 

25,363

 

3,887

 

29,250

Gross loss

 

(3,784)

 

(3,956)

 

(7,740)

Operating expenses:

Research and development

7,373

(4,367)

3,006

a

Selling, general and administrative

9,324

(103)

9,221

c, e

Total operating expenses

16,697

(4,470)

12,227

Operating loss

(20,481)

514

(19,967)

Interest and other expense, net

 

(8,345)

 

(109)

 

(8,454)

d

Change in fair value of common stock warrant liability

 

(2,126)

 

 

(2,126)

Loss before income taxes

$

(30,952)

$

405

$

(30,547)

Income tax benefit

 

 

 

Net loss attributable to the Company

$

(30,952)

$

405

$

(30,547)

Preferred stock dividends declared, deemed dividends and accretion of discount

 

(52)

 

39

 

(13)

f

Net loss attributable to common shareholders

$

(31,004)

$

444

$

(30,560)

Net loss per share:

Basic and diluted

$

(0.14)

$

(0.14)

Weighted average number of common shares outstanding

 

220,605,068

 

220,605,068

For the three months ended March 31, 2019

(a)

Research and development: The correction of this misstatement resulted in a net decrease of $4.4 million to research and development, an increase of $143 thousand to the cost of sales of fuel cell systems and related infrastructure, an increase of $971 thousand to the cost of service

performed on fuel cell systems and related infrastructure, an increase in cost of power purchase agreements of $1.0 million and an increase in the cost of fuel delivered to customers of $2.2 million for the three months ended March 31, 2019.

(b)

Provision for loss contracts related to service: The correction of this misstatement resulted in a decrease of $303 thousand in services performed on fuel cell systems and related infrastructure and a net increase of $162 thousand to the provision for loss contracts related to service for the three months ended March 31, 2019.

(c)

Right of use asset: The correction of the misstatement resulted in a net decrease of $167 thousand of cost related to power purchase agreements and increase of $3 thousand to selling general and administrative expenses, for the three months ended March 31, 2019.

(d)

Interest Expense: The correction of this misstatement resulted in an increase of $109 thousand to interest and other expense, net for the three months ended March 31, 2019.

(e)

Other adjustments: Immaterial adjustments for the three months ended March 31, 2019 resulted in the following: Adjustments related to an increase in sales of fuel cells and related infrastructure of $6 thousand, a decrease in sales related to Power Purchase Agreements of $75 thousand, decrease of $106 thousand on selling general and administrative expenses and a decrease of $152 thousand in cost of  sales of fuel cell systems and related infrastructure and a decrease in cost of power purchase agreements of $18 thousand.

(f)

Series E redeemable convertible preferred stock deemed dividend: The correction of this misstatement resulted in a net decrease of $39 thousand to preferred stock dividends declared, deemed dividends and accretion of discount.

The following tables present the effect of the Restatement Items, as well as other adjustments,  on the Company’s unaudited interim condensed consolidated statements of comprehensive loss indicated (in thousands, except per share):

    

As Restated

    

Three Months

Three Months

Six Months

Three Months

Nine Months

Three Months

Ended

Ended

Ended

Ended

Ended

Ended

March 31, 2019

    

June 30, 2019

    

June 30, 2019

    

September 30, 2019

    

September 30, 2019

    

December 30, 2019

Net loss attributable to the Company

(30,547)

(17,338)

(47,885)

(17,822)

(65,707)

(18,036)

Other comprehensive gain (loss) - foreign currency translation adjustment

 

(210)

86

(124)

(531)

(655)

296

Comprehensive loss attributable to the Company

$

(30,757)

$

(17,252)

$

(48,009)

$

(18,353)

$

(66,362)

$

(17,740)

Preferred stock dividends declared, deemed dividends and accretion of discount

(13)

(13)

(26)

(544)

(570)

(1,241)

Comprehensive loss attributable to common stockholders

$

(30,770)

$

(17,265)

$

(48,035)

$

(18,897)

$

(66,932)

$

(18,981)

    

For the three months ended September 30, 2020

For the nine months ended September 30, 2020

As Previously

Cumulative

As

As Previously

Cumulative

As

Reported

    

Adjustments

    

Restated

    

Reported

    

Adjustments

    

Restated

Net loss attributable to the Company

$

(39,379)

(25,838)

(65,217)

$

(85,514)

(26,536)

(112,050)

Other comprehensive gain - foreign currency translation adjustment

 

687

687

 

558

558

Comprehensive loss attributable to the Company

$

(38,692)

$

(25,838)

$

(64,530)

$

(84,956)

$

(26,536)

$

(111,492)

Preferred stock dividends declared, deemed dividends and accretion of discount

(19)

(7)

(26)

Comprehensive loss attributable to common stockholders

(38,692)

(25,838)

(64,530)

(84,975)

(26,543)

(111,518)

    

For the three months ended June 30, 2020

For the six months ended June 30, 2020

As Previously

Cumulative

As

As Previously

Cumulative

As

Reported

    

Adjustments

    

Restated

    

Reported

    

Adjustments

    

Restated

Net loss attributable to the Company

$

(8,656)

(745)

(9,401)

$

(46,135)

(698)

(46,833)

Other comprehensive gain (loss) - foreign currency translation adjustment

 

107

107

 

(129)

(129)

Comprehensive loss attributable to the Company

$

(8,549)

$

(745)

$

(9,294)

$

(46,264)

$

(698)

$

(46,962)

Preferred stock dividends declared, deemed dividends and accretion of discount

(13)

(13)

(19)

(7)

(26)

Comprehensive loss attributable to common stockholders

(8,562)

(745)

(9,307)

(46,283)

(705)

(46,988)

    

For the three months ended March 31, 2020,

As Previously Reported

    

Cumulative Adjustments

    

As Restated

Net loss attributable to the Company

$

(37,479)

47

(37,432)

Other comprehensive loss - foreign currency translation adjustment

 

(236)

(236)

Comprehensive loss attributable to the Company

$

(37,715)

$

47

$

(37,668)

Preferred stock dividends declared, deemed dividends and accretion of discount

(13)

(13)

Comprehensive loss attributable to common stockholders

$

(37,728)

$

47

$

(37,681)

    

For the three months ended September 30, 2019

For the nine months ended September 30, 2019

As Previously

    

Cumulative

    

As

    

As Previously

    

Cumulative

    

As

Reported

Adjustments

Restated

Reported

Adjustments

Restated

Net loss attributable to the Company

$

(18,144)

322

(17,822)

$

(67,190)

1,483

(65,707)

Other comprehensive gain (loss) - foreign currency translation adjustment

 

(531)

(531)

 

(655)

(655)

Comprehensive loss attributable to the Company

$

(18,675)

$

322

$

(18,353)

$

(67,845)

$

1,483

$

(66,362)

Preferred stock dividends declared, deemed dividends and accretion of discount

(13)

(531)

(544)

(39)

(531)

(570)

Comprehensive loss attributable to common stockholders

(18,688)

(209)

(18,897)

(67,884)

952

(66,932)

    

For the three months ended June 30, 2019

For the six months ended June 30, 2019

As Previously

Cumulative

As

As Previously

Cumulative

As

Reported

    

Adjustments

    

Restated

    

Reported

    

Adjustments

    

Restated

Net loss attributable to the Company

$

(18,094)

756

(17,338)

$

(49,046)

1,161

(47,885)

Other comprehensive gain (loss) - foreign currency translation adjustment

 

86

86

 

(124)

(124)

Comprehensive loss attributable to the Company

$

(18,008)

$

756

$

(17,252)

$

(49,170)

$

1,161

$

(48,009)

Preferred stock dividends declared, deemed dividends and accretion of discount

(13)

(13)

(26)

(26)

Comprehensive loss attributable to common stockholders

(18,021)

756

(17,265)

(49,196)

1,161

(48,035)

    

For the three months ended March 31, 2019,

As Previously Reported

    

Cumulative Adjustments

    

As Restated

Net loss attributable to the Company

$

(30,952)

405

(30,547)

Other comprehensive gain (loss) - foreign currency translation adjustment

 

(210)

(210)

Comprehensive loss attributable to the Company

$

(31,162)

$

405

$

(30,757)

Preferred stock dividends declared, deemed dividends and accretion of discount

(52)

39

(13)

Comprehensive loss attributable to common stockholders

$

(31,214)

444

$

(30,770)

The following tables present the effect of the Restatement Items, as well as other adjustments, on the Company’s unaudited interim condensed consolidated statements of stockholders’ equity (in thousands, except per share):

    

    

    

    

    

    

    

Accumulated

    

    

    

    

    

    

Additional

Other

Total

Common Stock

 Paid-in

Comprehensive

Treasury Stock

Accumulated

Stockholders’

    

Shares

    

Amount

    

Capital

    

Income

    

Shares

    

Amount

    

Deficit

    

Equity

 

BALANCE - March 31, 2020 (As Previously Reported)

 

322,220,469

$

3,222

$

1,519,257

$

1,164

 

15,261,007

$

(31,224)

$

(1,383,299)

$

109,120

Cumulative adjustments

 

 

 

(163)

 

(112)

 

 

 

(4,453)

 

(4,728)

BALANCE - March 31, 2020 (As Restated)

322,220,469

3,222

1,519,094

1,052

15,261,007

(31,224)

(1,387,752)

104,392

BALANCE - June 30, 2020 (As Previously Reported)

 

348,201,792

$

3,482

$

1,658,532

$

1,271

 

15,292,591

$

(31,359)

$

(1,391,961)

$

239,965

Cumulative adjustments

 

 

 

(94)

 

(112)

 

 

 

(5,199)

 

(5,405)

BALANCE - June 30, 2020 (As Restated)

348,201,792

3,482

1,658,438

1,159

15,292,591

(31,359)

(1,397,160)

234,560

BALANCE - September 30, 2020 (As Previously Reported)

 

406,123,816

$

4,061

$

2,083,199

$

1,958

 

15,926,068

$

(40,434)

$

(1,431,340)

$

617,444

Cumulative adjustments

 

 

 

(30)

 

(112)

 

 

 

(31,037)

 

(31,179)

BALANCE - September 30, 2020 (As Restated)

406,123,816

$

4,061

$

2,083,169

$

1,846

15,926,068

$

(40,434)

$

(1,462,377)

$

586,265

    

    

    

    

    

    

    

Accumulated

    

    

    

    

    

    

Additional

Other

Total

Common Stock

 Paid-in

Comprehensive

Treasury Stock

Accumulated

Stockholders’

    

Shares

    

Amount

    

Capital

    

Income

    

Shares

    

Amount

    

Deficit

    

Equity (Deficit)

 

BALANCE - March 31, 2019 (As Previously Reported)

 

244,537,235

$

2,445

$

1,316,893

$

1,374

 

15,002,663

$

(30,637)

$

(1,291,255)

$

(1,180)

Cumulative adjustments

 

 

 

(78)

 

 

 

 

(5,817)

 

(5,895)

BALANCE - March 31, 2019 (As Restated)

244,537,235

2,445

1,316,815

1,374

15,002,663

(30,637)

(1,297,072)

(7,075)

BALANCE - June 30, 2019 (As Previously Reported)

 

246,975,173

$

2,470

$

1,325,459

$

1,460

 

15,020,437

$

(30,681)

$

(1,309,363)

$

(10,655)

Cumulative adjustments

 

 

 

(78)

 

 

 

 

(5,062)

 

(5,140)

BALANCE - June 30, 2019 (As Restated)

246,975,173

2,470

1,325,381

1,460

15,020,437

(30,681)

(1,314,425)

(15,795)

BALANCE - September 30, 2019 (As Previously Reported)

 

253,982,578

$

2,540

$

1,340,859

$

929

 

15,259,045

$

(31,216)

$

(1,327,518)

$

(14,406)

Cumulative adjustments

 

 

 

(78)

 

 

 

 

(4,741)

 

(4,819)

BALANCE - September 30, 2019 (As Restated)

253,982,578

$

2,540

$

1,340,781

$

929

15,259,045

$

(31,216)

$

(1,332,259)

$

(19,225)

The following tables present the effect of the Restatement Items, as well as other adjustments, on the Company’s unaudited interim condensed consolidated statements of cash flows (in thousands):

As Restated

Three Months Ended

Six Months Ended

Nine Months Ended

    

March 31, 2020

    

June 30, 2020

    

September 30, 2020

Operating Activities

Net loss attributable to the Company

$

(37,432)

$

(46,833)

$

(112,050)

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

Depreciation of long-lived assets

2,991

6,069

9,860

Amortization of intangible assets

 

175

 

398

835

Stock-based compensation

 

3,045

 

6,188

9,258

Gain on extinguishment of debt

 

 

(13,222)

(13,222)

Amortization of debt issuance costs and discount on convertible senior notes

 

2,716

 

6,528

12,183

Provision for common stock warrants

2,566

 

7,983

25,198

Fair value adjustment to contingent consideration

1,130

Income tax benefit

(17,371)

(24,015)

Loss (benefit) on service contracts

 

(128)

 

277

25,110

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

Accounts receivable

1,034

(18,333)

(86,056)

Inventory

(20,581)

(37,983)

(57,615)

Prepaid expenses, and other assets

(10,794)

(11,887)

(4,956)

Accounts payable, accrued expenses, and other liabilities

 

(3,374)

 

3,903

41,125

Deferred revenue

(620)

2,392

16,709

Net cash used in operating activities

 

(60,402)

 

(111,891)

 

(156,506)

Investing Activities

 

 

Purchases of property, plant and equipment

(2,507)

(5,009)

(11,265)

Purchase of intangible assets

 

 

(1,638)

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

(3,848)

(6,256)

(13,699)

Net cash paid for acquisitions

(45,286)

(45,113)

Net cash used in investing activities

(6,355)

 

(56,551)

(71,715)

Financing Activities

Proceeds from public offerings, net of transaction costs

 

 

(269)

344,398

Proceeds from exercise of stock options

6,104

15,798

23,335

Proceeds from issuance of convertible senior notes, net

205,100

205,098

Repurchase of convertible senior notes

(90,238)

(90,238)

Purchase of capped calls and common stock forward

(16,253)

(16,253)

Proceeds from termination of capped calls

24,158

24,158

Principal payments on long-term debt

(5,315)

(21,626)

(27,845)

Proceeds from long-term debt, net

49,000

99,000

Repayments of finance obligations

(5,343)

(11,129)

(19,038)

Proceeds from finance obligations

9,024

27,678

47,568

Net cash provided by financing activities

4,470

182,219

590,183

Effect of exchange rate changes on cash

1

(24)

(90)

Increase in cash, cash equivalents and restricted cash

(62,286)

13,753

361,872

Cash, cash equivalents, and restricted cash beginning of period

369,500

369,500

369,500

Cash, cash equivalents, and restricted cash end of period

$

307,214

$

383,253

$

731,372

Supplemental disclosure of cash flow information

Cash paid for interest

$

5,155

$

9,466

$

16,975

Summary of non-cash investing and financing activity

Recognition of right of use assets

$

340

$

6,836

$

25,857

Conversion of preferred stock to common stock

441

441

43,058

As Restated

Three Months Ended

Six Months Ended

Nine Months Ended

    

March 31, 2019

    

June 30, 2019

    

September 30, 2019

Operating Activities

Net loss attributable to the Company

$

(30,547)

$

(47,885)

$

(65,707)

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

Depreciation of long-lived assets

2,748

5,433

8,858

Amortization of intangible assets

 

175

 

338

518

Stock-based compensation

 

2,497

 

5,123

7,927

Loss on extinguishment of debt

 

518

 

518

518

Provision for bad debts and other assets

 

307

 

907

1,253

Amortization of debt issuance costs and discount on convertible senior notes

 

2,469

 

4,340

6,442

Provision for common stock warrants

1,193

 

2,209

3,706

Loss on disposal of leased assets

 

212

212

Change in fair value of common stock warrant liability

 

2,126

420

(7)

Benefit on service contracts

(142)

(873)

(1,366)

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

Accounts receivable

5,001

9,864

11,625

Inventory

(17,716)

(25,431)

(32,843)

Prepaid expenses, and other assets

1,018

(460)

427

Accounts payable, accrued expenses, and other liabilities

 

(2,887)

 

662

10,164

Deferred revenue

(2,459)

(3,705)

(5,868)

Net cash used in operating activities

 

(35,699)

 

(48,328)

 

(54,141)

Investing Activities

 

 

Proceeds from sale of equity interest in joint venture

 

 

Purchases of property, plant and equipment

(1,468)

(2,844)

(4,635)

Purchase of intangible assets

 

 

(1,860)

(1,860)

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

(806)

(1,987)

(2,851)

Proceeds from sale of leased assets

 

375

375

Net cash used in investing activities

(2,274)

 

(6,316)

(8,971)

Financing Activities

Proceeds from issuance of preferred stock, net of transaction costs

 

(3)

 

(8)

(37)

Proceeds from public offerings, net of transaction costs

 

23,498

 

28,265

38,098

Proceeds from exercise of stock options

81

205

(116)

Payments for redemption of preferred stock

 

 

(4,040)

Proceeds from issuance of convertible senior notes, net

39,052

Principal payments on long-term debt

(17,671)

(18,039)

(21,704)

Proceeds from long-term debt, net

84,761

99,546

99,496

Repayments of finance obligations

(53,580)

(55,712)

(56,603)

Proceeds from finance obligations

25,609

57,249

Net cash provided by financing activities

37,086

79,866

151,395

Effect of exchange rate changes on cash

(35)

(48)

(119)

Increase (decrease) in cash, cash equivalents and restricted cash

(922)

25,174

88,164

Cash, cash equivalents, and restricted cash beginning of period

110,153

110,153

110,153

Cash, cash equivalents, and restricted cash end of period

$

109,231

$

135,327

$

198,317

Supplemental disclosure of cash flow information

Cash paid for interest

$

4,858

$

8,673

$

8,673

Summary of non-cash investing and financing activity

Recognition of right of use assets

$

2,000

$

11,689

$

29,903

Conversion of preferred stock to common stock

1,883

For the Nine Months Ended September 30, 2020

As previously

Restatement

As

Restatement

    

Reported

    

Adjustments

    

Restated

    

References

Operating Activities

Net loss attributable to the Company

$

(85,514)

$

(26,536)

$

(112,050)

a

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

Depreciation of long-lived assets

9,381

479

9,860

b, e

Amortization of intangible assets

 

835

 

835

Stock-based compensation

 

9,258

 

9,258

Gain on extinguishment of debt

 

(13,222)

 

(13,222)

Amortization of debt issuance costs and discount on convertible senior notes

 

12,183

 

12,183

Provision for common stock warrants

25,198

 

25,198

Fair value adjustment to contingent consideration

1,130

1,130

Income tax benefit

(24,182)

167

(24,015)

e

Loss on service contracts

4,306

20,804

25,110

c

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

Accounts receivable

(86,004)

(52)

(86,056)

e

Inventory

(57,718)

103

(57,615)

e

Prepaid expenses, and other assets

(4,956)

(4,956)

Accounts payable, accrued expenses, and other liabilities

 

35,748

 

5,377

41,125

b, d, e

Deferred revenue

16,647

62

16,709

e

Net cash used in operating activities

 

(156,910)

 

404

 

(156,506)

Investing Activities

 

 

Purchases of property, plant and equipment

(11,265)

(11,265)

Purchase of intangible assets

 

(1,638)

 

(1,638)

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

(13,699)

(13,699)

Net cash paid for acquisitions

(45,113)

(45,113)

Net cash used in investing activities

(71,715)

 

(71,715)

Financing Activities

Proceeds from public offerings, net of transaction costs

 

344,398

 

344,398

Proceeds from exercise of stock options

23,335

23,335

Proceeds from issuance of convertible senior notes, net

205,098

205,098

Repurchase of convertible senior notes

(90,238)

(90,238)

Purchase of capped calls and common stock forward

(16,253)

(16,253)

Proceeds from termination of capped calls

24,158

24,158

Principal payments on long-term debt

(27,845)

(27,845)

Proceeds from long-term debt, net

99,000

99,000

Repayments of finance obligations

(18,634)

(404)

(19,038)

b

Proceeds from finance obligations

47,568

47,568

Net cash provided by financing activities

590,587

(404)

590,183

Effect of exchange rate changes on cash

(90)

(90)

Increase in cash, cash equivalents and restricted cash

361,872

361,872

Cash, cash equivalents, and restricted cash beginning of period

369,500

369,500

Cash, cash equivalents, and restricted cash end of period

$

731,372

$

$

731,372

Supplemental disclosure of cash flow information

Cash paid for interest

$

16,975

$

16,975

Summary of non-cash investing and financing activity

Recognition of right of use assets

$

56,377

$

(30,520)

$

25,857

b

Conversion of convertible notes to common stock

42,873

185

43,058

e

For the nine months ended September 30, 2020

(a)

Refer to description of the adjustments and their impact on net loss in the Consolidated Statement of Operations sections for the nine months ended September 30, 2020 above.

(b)

Right of use asset: The correction of this misstatement resulted in an increase to operating cash flows of $591 thousand and a decrease to financing cash flows of $404 thousand for the nine months ended September 30,2020. In addition, the adjustments resulted in a decrease of $30.5 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 an increase within operating cash flows of $20.8 million for the nine months ended September 30, 2020.

(d)

Bonus accrual: Adjustments related to the under accrual for bonus expenses resulted in an increase within operating cash flows of $5.3 million for the nine months ended September 30, 2020.

(e)

Other adjustments: Immaterial adjustments resulted in an increase to operating cash flows of $226 thousand for the nine months ended September 30, 2020. In addition, there was an increase of $185 thousand in conversion of convertible notes to common stock.

For the Six Months Ended June 30, 2020

    

As previously

Restatement

As

Restatement

 

Reported

    

Adjustments

    

Restated

    

References

Operating Activities

Net loss attributable to the Company

$

(46,135)

$

(698)

$

(46,833)

a

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

Depreciation of long-lived assets

5,783

286

6,069

b, d

Amortization of intangible assets

 

398

 

398

Stock-based compensation

 

6,188

 

6,188

Gain on extinguishment of debt

 

(13,222)

 

(13,222)

Amortization of debt issuance costs and discount on convertible senior notes

 

6,528

 

6,528

Provision for common stock warrants

7,983

 

7,983

Income tax benefit

(17,659)

288

(17,371)

d

Loss on service contracts

277

277

c

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

Accounts receivable

(18,393)

60

(18,333)

d

Inventory

(37,983)

(37,983)

Prepaid expenses, and other assets

(11,817)

(70)

(11,887)

d

Accounts payable, accrued expenses, and other liabilities

 

4,699

 

(796)

3,903

b, d

Deferred revenue

2,383

9

2,392

d

Net cash used in operating activities

 

(111,247)

 

(644)

 

(111,891)

Investing Activities

 

 

Purchases of property, plant and equipment

(5,009)

(5,009)

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

(6,256)

(6,256)

Net cash paid for acquisitions

(45,286)

(45,286)

Net cash used in investing activities

(56,551)

 

(56,551)

Financing Activities

Proceeds from public offerings, net of transaction costs

 

(269)

 

(269)

Proceeds from exercise of stock options

15,798

15,798

Proceeds from issuance of convertible senior notes, net

205,100

205,100

Repurchase of convertible senior notes

(90,238)

(90,238)

Purchase of capped calls and common stock forward

(16,253)

(16,253)

Proceeds from termination of capped calls

24,158

24,158

Principal payments on long-term debt

(21,626)

(21,626)

Proceeds from long-term debt, net

49,000

49,000

Repayments of finance obligations

(11,783)

654

(11,129)

b,d

Proceeds from finance obligations

27,678

27,678

Net cash provided by financing activities

181,565

654

182,219

Effect of exchange rate changes on cash

(14)

(10)

(24)

Increase in cash, cash equivalents and restricted cash

13,753

13,753

Cash, cash equivalents, and restricted cash beginning of period

369,500

369,500

Cash, cash equivalents, and restricted cash end of period

$

383,253

$

$

383,253

Supplemental disclosure of cash flow information

Cash paid for interest

$

9,466

$

9,466

Summary of non-cash investing and financing activity

Recognition of right of use assets

$

26,922

$

(20,086)

$

6,836

b

Conversion of preferred stock to common stock

441

441

As of June 30, 2020

(a)

Refer to description of the adjustments and their impact on net loss in the Consolidated Statement of Operations sections for the six months ended June 30, 2020 above.

(b)

Right of use asset: The correction of this misstatement resulted in a decrease to operating cash flows of $553 thousand and a decrease financing cash flows of $222 thousand for the six months ended June 30, 2020. In addition, the adjustments resulted in a decrease of $20.1 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 an increase to operating cash flows of $277 thousand for the six months ended June 30, 2020.

(d)

Other adjustments:  Immaterial adjustments resulted in an increase to operating cash flows of $330 thousand for the six months ended June 30, 2020.

For the Three Months Ended March 31, 2020

As previously

Restatement

As

Restatement

    

Reported

    

Adjustments

    

Restated

    

References

Operating Activities

Net loss attributable to the Company

$

(37,479)

$

47

$

(37,432)

a

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

Depreciation of long-lived assets

2,850

141

2,991

b, d

Amortization of intangible assets

 

175

 

175

Stock-based compensation

 

3,045

 

3,045

Amortization of debt issuance costs and discount on convertible senior notes

 

2,716

 

2,716

Provision for common stock warrants

2,566

 

2,566

Benefit on service contracts

 

(128)

(128)

c

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

Accounts receivable

1,011

23

1,034

d

Inventory

(20,581)

(20,581)

Prepaid expenses, and other assets

(10,794)

(10,794)

Accounts payable, accrued expenses, and other liabilities

 

(2,933)

 

(441)

(3,374)

b

Deferred revenue

(591)

(29)

(620)

d

Net cash used in operating activities

 

(60,015)

 

(387)

 

(60,402)

Investing Activities

 

 

Purchases of property, plant and equipment

(2,507)

(2,507)

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

(3,848)

(3,848)

Net cash used in investing activities

(6,355)

 

(6,355)

Financing Activities

Proceeds from exercise of stock options

6,104

6,104

Principal payments on long-term debt

(5,315)

(5,315)

Repayments of finance obligations

(5,730)

387

(5,343)

b

Proceeds from finance obligations

9,024

9,024

Net cash provided by financing activities

4,083

387

4,470

Effect of exchange rate changes on cash

1

1

Increase in cash, cash equivalents and restricted cash

(62,286)

(62,286)

Cash, cash equivalents, and restricted cash beginning of period

369,500

369,500

Cash, cash equivalents, and restricted cash end of period

$

307,214

$

$

307,214

Supplemental disclosure of cash flow information

Cash paid for interest

$

5,155

$

5,155

Summary of non-cash investing and financing activity

Recognition of right of use assets

$

6,189

$

(5,849)

$

340

b

Conversion of preferred stock to common stock

441

441

As of March 31, 2020

(a)

Refer to description of the adjustments and their impact on net loss in the Consolidated Statement of Operations sections for the three months ended March 31, 2020 above.

(b)

Right of use asset:  The correction of this misstatement resulted in a decrease to operating cash flows of $282 thousand and an increase to financing cash flows of $387 thousand for the three months ended March 31, 2020. In addition, the adjustments resulted in a decrease of $5.8 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 decrease to operating cash flows of $128 thousand for the three months ended March 31, 2020.

(d)

Other adjustments: Immaterial adjustments resulted in a deccrease to operating cash flows of $24 thousand for the period ended March 31, 2020.

    

For the Nine Months Ended September 30, 2019

As previously

Restatement

As

Restatement

 

Reported

    

Adjustments

    

Restated

    

References

Operating Activities

Net loss attributable to the Company

$

(67,190)

$

1,483

$

(65,707)

a

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

Depreciation of long-lived assets

8,944

(86)

8,858

b, d

Amortization of intangible assets

 

518

 

518

Stock-based compensation

 

7,927

 

7,927

Loss on extinguishment of debt

518

518

d

Provision for bad debts and other assets

 

1,253

 

1,253

Amortization of debt issuance costs and discount on convertible senior notes

 

6,257

 

185

6,442

d

Provision for common stock warrants

3,706

 

3,706

Change in fair value of common stock warrant liability

 

(7)

(7)

Loss on disposal of leased assets

212

 

212

Benefit on service contracts

(1,366)

(1,366)

c

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

Accounts receivable

11,702

(77)

11,625

d

Inventory

(32,691)

(152)

(32,843)

d

Prepaid expenses, and other assets

427

427

Accounts payable, accrued expenses, and other liabilities

 

13,293

 

(3,129)

10,164

b, d

Deferred revenue

(6,152)

284

(5,868)

d

Net cash used in operating activities

 

(51,801)

 

(2,340)

 

(54,141)

Investing Activities

 

 

Purchases of property, plant and equipment

(4,635)

(4,635)

Purchase of intangible assets

 

(1,860)

 

(1,860)

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

(2,851)

(2,851)

Proceeds from sale of leased assets

 

375

375

Net cash used in investing activities

(8,971)

 

(8,971)

Financing Activities

Proceeds from issuance of preferred stock, net of transaction costs

 

(37)

 

(37)

Proceeds from public offerings, net of transaction costs

 

38,098

 

38,098

Proceeds from exercise of stock options

(116)

(116)

Payments for redemption of preferred stock

 

(4,040)

 

(4,040)

Proceeds from issuance of convertible senior notes, net

39,052

39,052

Principal payments on long-term debt

(21,186)

(518)

(21,704)

d

Proceeds from long-term debt, net

99,496

99,496

Repayments of finance obligations

(59,461)

2,858

(56,603)

b

Proceeds from finance obligations

57,249

57,249

Net cash provided by financing activities

149,055

2,340

151,395

Effect of exchange rate changes on cash

(119)

(119)

Increase in cash, cash equivalents and restricted cash

88,164

88,164

Cash, cash equivalents, and restricted cash beginning of period

110,153

110,153

Cash, cash equivalents, and restricted cash end of period

$

198,317

$

$

198,317

Supplemental disclosure of cash flow information

Cash paid for interest

$

8,673

$

8,673

Summary of non-cash investing and financing activity

Recognition of right of use assets

$

78,626

$

(48,723)

$

29,903

b

Conversion of preferred stock to common stock

1,883

1,883

For the nine months ended September 30, 2019

(a)

Refer to description of the adjustments and their impact on net loss in the Consolidated Statement of Operations sections for the nine months ended September 30, 2019 above.

(b)

Right of use asset:  The correction of this misstatement resulted in a decrease to operating cash flows of $3.1 million and an increase to financing cash flows of $2.9 million for the nine months ended September 30, 2019. In addition, the adjustments resulted in a decrease of $48.7 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 decrease to operating cash flows of $1.4 million for the nine months ended September 30, 2019.

(d)

Other adjustments: Immaterial adjustments resulted in an increase to operating cash flows of $600 thousand and a decrease to financing cash flows of $518 thousand for the period ended nine months ended September 30, 2019.

For the Six Months Ended June 30, 2019

As previously

Restatement

As

Restatement

    

Reported

    

Adjustments

    

Restated

    

References

Operating Activities

Net loss attributable to the Company

$

(49,046)

$

1,161

$

(47,885)

a

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

Depreciation of long-lived assets

5,496

(63)

5,433

b, d

Amortization of intangible assets

 

338

 

338

Stock-based compensation

 

5,123

 

5,123

Loss on extinguishment of debt

518

518

d

Amortization of debt issuance costs and discount on convertible senior notes

 

4,340

 

4,340

Provision for common stock warrants

2,209

 

2,209

Provision for bad debts and other

907

 

907

Loss on disposal of assets

212

212

Change in fair value of common stock warrant liability

 

420

420

Benefit on service contracts

(873)

(873)

c

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

Accounts receivable

9,848

16

9,864

d

Inventory

(25,280)

(151)

(25,431)

d

Prepaid expenses, and other assets

(460)

(460)

Accounts payable, accrued expenses, and other liabilities

 

1,232

 

(570)

662

b, d

Deferred revenue

(3,827)

122

(3,705)

d

Net cash used in operating activities

 

(48,488)

 

160

 

(48,328)

Investing Activities

 

 

Purchases of property, plant and equipment

(2,844)

(2,844)

Purchase of intangible assets

 

(1,860)

 

(1,860)

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

(1,987)

(1,987)

Proceeds from sale of leased assets

375

375

Net cash used in investing activities

(6,316)

 

(6,316)

Financing Activities

Proceeds from issuance of preferred stock, net of transaction costs

 

(8)

 

(8)

Proceeds from public offerings, net of transaction costs

 

28,265

 

28,265

Proceeds from exercise of stock options

205

205

Principal payments on long-term debt

(17,521)

(518)

(18,039)

d

Proceeds from long-term debt, net

99,546

99,546

Repayments of finance obligations

(56,070)

358

(55,712)

b

Proceeds from finance obligations

25,609

25,609

Net cash provided by financing activities

80,026

(160)

79,866

Effect of exchange rate changes on cash

(48)

(48)

Increase in cash, cash equivalents and restricted cash

25,174

25,174

Cash, cash equivalents, and restricted cash beginning of period

110,153

110,153

Cash, cash equivalents, and restricted cash end of period

$

135,327

$

$

135,327

Supplemental disclosure of cash flow information

Cash paid for interest

$

8,673

$

8,673

Summary of non-cash investing and financing activity

Recognition of right of use assets

$

34,530

$

(22,841)

$

11,689

b

For the six months ended June 30, 2019

(a)

Refer to description of the adjustments and their impact on net loss in the Consolidated Statement of Operations sections for the six months ended June 30, 2019 above.

(b)

Right of use asset: The correction of this misstatement resulted in a decrease to operating cash flows of $492 thousand and an increase to financing cash flows of $358 thousand for the six ended June 30, 2019. In addition, the adjustments resulted in a decrease of $22.8 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 decrease to operating cash flows of $873 thousand for the six months ended June 30, 2019.

(d)

Other adjustments:  Immaterial adjustments resulted in an increase to operating cash flows of $364 thousand and a decrease in financing cash flows of $518 thousand for the six months ended June 30, 2019.

For the Three Months Ended March 31, 2019

As previously

Restatement

As

Restatement

    

Reported

    

Adjustments

    

Restated

    

References

Operating Activities

Net loss attributable to the Company

$

(30,952)

$

405

$

(30,547)

a

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

Depreciation of long-lived assets

2,776

(28)

2,748

b, d

Amortization of intangible assets

 

175

 

175

Stock-based compensation

 

2,497

 

2,497

Loss on extinguishment of debt

518

518

d

Provision for bad debts and other assets

 

307

 

307

Amortization of debt issuance costs and discount on convertible senior notes

 

2,469

 

2,469

Provision for common stock warrants

1,193

 

1,193

Change in fair value of common stock warrant liability

 

2,126

2,126

Benefit on service contracts

(142)

(142)

c

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

Accounts receivable

4,978

23

5,001

d

Inventory

(17,564)

(152)

(17,716)

d

Prepaid expenses, and other assets

1,018

1,018

Accounts payable, accrued expenses, and other liabilities

 

(2,781)

 

(106)

(2,887)

d

Deferred revenue

(2,505)

46

(2,459)

d

Net cash used in operating activities

 

(36,263)

 

564

 

(35,699)

Investing Activities

 

 

Purchases of property, plant and equipment

(1,468)

(1,468)

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

(806)

(806)

Net cash used in investing activities

(2,274)

 

(2,274)

Financing Activities

Proceeds from issuance of preferred stock, net of transaction costs

 

(3)

 

(3)

Proceeds from public offerings, net of transaction costs

 

23,498

 

23,498

Proceeds from exercise of stock options

81

81

Principal payments on long-term debt

(17,153)

(518)

(17,671)

d

Proceeds from long-term debt, net

84,761

84,761

Repayments of finance obligations

(53,534)

(46)

(53,580)

b

Net cash provided by financing activities

37,650

(564)

37,086

Effect of exchange rate changes on cash

(35)

(35)

Decrease in cash, cash equivalents and restricted cash

(922)

(922)

Cash, cash equivalents, and restricted cash beginning of period

110,153

110,153

Cash, cash equivalents, and restricted cash end of period

$

109,231

$

$

109,231

Supplemental disclosure of cash flow information

Cash paid for interest

$

4,858

$

4,858

Summary of non-cash investing and financing activity

Recognition of right of use assets

$

$

2,000

$

2,000

b

For the three months ended March 31, 2019

(a)

Refer to description of the adjustments and their impact on net loss in the Consolidated Statement of Operations sections for the three months ended March 31, 2019 above.

(b)

Right of use asset: The correction of this misstatement resulted in a decrease to operating cashflows of $12 thousand and a decrease to financing cashflow of $46 thousand for the three months ended March 31,2019. In addition, the adjustments resulted in an increase of $2.0 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 decrease to operating cashflows of $142 thousand for the three months ended March 31, 2020.

(d)

Other adjustments:  Immaterial adjustments resulted in an increase to operating activities of $312 thousand and a decrease in financing cashflows of $518 thousand for the three months ended March 30, 2019.