Earnings (Loss) Per Share

9 Months Ended

Sep. 30, 2023

Earnings (Loss) Per Share Basic earnings (loss) per common share is calculated by dividing net income (loss) by the weighted average number of common shares outstanding for the period, which includes the February 2023 Warrants (See Note 9, “Debt and Convertible Notes Payable”, and Note 13, “Stockholders’ Equity”). Diluted earnings (loss) per common share is calculated by dividing the adjusted net income (loss) by the weighted average number of common shares outstanding combined with dilutive common share equivalents outstanding, if the effect is dilutive. Potentially dilutive common share equivalents consist of incremental shares of common stock issuable upon conversion of convertible notes payable, exercise of stock warrants and vesting and settlement of stock awards. The dilutive effect of non-vested stock issued under share‑based compensation plans, shares issuable under the Employee Stock Purchase Plan (ESPP), employee stock options outstanding, and the Pre-Funded stock warrants are computed using the treasury stock method. The dilutive effect of the Convertible Notes is computed using the if‑converted method in accordance with ASU 2020-06, which was adopted by the Company on January 1, 2022.

For all periods presented, weighted average shares and earnings (loss) per share reflect the effects of the Reverse Stock Split. The calculation of the basic and diluted earnings (loss) per share for the three and nine months ended September 30, 2023 and 2022 is as follows (in thousands):


	Three months ended September 30,				Nine months ended September 30,
	2023		2022			2023		2022
Numerator:
Net income (loss) for basic earnings per share	$	1,287	$	(18,794)		$	22,609	$	(23,278)
Adjustments to net income available to shareholders
Paid-in-Kind interest expense on convertible notes payable and Contract Consideration Convertible Notes Payable	—		—			2,284		—
Valuation (gain)/loss on Contract Consideration Convertible Notes Payable carried at FV	—		—			(29,969)		—
Adjusted net loss for diluted earnings per share	$	1,287	$	(18,794)		$	(5,076)	$	(23,278)





Denominator:
Basic weighted average shares outstanding	29,358		12,552			23,291		12,349
Dilutive effect of convertible notes payable	—		—			4,743		—
Dilutive effect of warrants outstanding	1,238		—			—		—
Dilutive effect of stock options and restricted shares	92		—			—		—
Diluted weighted average shares outstanding	30,688		12,552			28,034		12,349

Basic earnings (loss) per share	$	0.04	$	(1.50)		$	0.97	$	(1.89)
Diluted earnings (loss) per share	$	0.04	$	(1.50)		$	(0.18)	$	(1.89)
Anti-dilutive incremental shares excluded from denominator for diluted earnings computation
Average number of diluted shares for convertible notes payable (1)	—		12,399			—		7,892
Average number of diluted shares for June 2022 stock warrants (1)	—		1,483			1,308		554
Average number of diluted shares for options and restricted stock (1)	—		113			111		110

(1) These items were not included in the dilution calculation for their respective periods due to their anti-dilutive effect as it would reduce the loss per share.