Earnings (Loss) Per Share

9 Months Ended

Sep. 30, 2024

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.

For all periods presented in the table below, 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, 2024 and 2023 is as follows (in thousands):


	Three months ended September 30,				Nine months ended September 30,
	2024		2023		2024		2023
Numerator:
Net income for basic earnings per share	$	2,532	$	1,287	$	6,068	$	22,609
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 on Contract Consideration Convertible Notes Payable carried at fair value	—		—		—		(29,969)
Adjusted net income (loss) for diluted earnings per share	$	2,532	$	1,287	$	6,068	$	(5,076)





Denominator:
Basic weighted average shares outstanding	29,613		29,358		29,498		23,291
Dilutive effect of convertible notes payable	—		—		—		4,743
Dilutive effect of warrants outstanding	1,190		1,238		1,029		—
Dilutive effect of stock options and restricted shares	94		92		128		—
Diluted weighted average shares outstanding	30,897		30,688		30,655		28,034

Basic earnings per share	$	0.09	$	0.04	$	0.21	$	0.97
Diluted earnings (loss) per share	$	0.08	$	0.04	$	0.20	$	(0.18)
Anti-dilutive incremental shares excluded from denominator for diluted earnings computation

Average number of diluted shares for June 2022 stock warrants (1)	—		—		—		1,308
Average number of diluted shares for options and restricted stock (1)	—		—		—		111

(1) These items were not included in the dilution calculation for the nine months ended September 30, 2023 due to their anti-dilutive effect as it would reduce the loss per share.