Quarterly report pursuant to Section 13 or 15(d)

Net Results Per Share

v3.19.3
Net Results Per Share
9 Months Ended
Sep. 30, 2019
Earnings Per Share [Abstract]  
Net Results Per Share
Net Results Per Share

Basic loss per share is computed using the weighted-average number of common shares outstanding during the applicable period. Diluted loss per share is computed using the weighted-average number of common shares and the dilutive effect of contingent shares outstanding during the applicable period. Potentially dilutive contingent shares, which consist of stock options, restricted stock units (including performance stock units), liability warrants, warrants issued to third parties and accounted for as equity instruments, convertible senior notes and contingently issuable shares, have been excluded from the diluted loss per share calculation when the effect of including such shares is anti-dilutive.

The following table sets forth the computation of basic and diluted net loss per share of common stock (in thousands, except per share amounts):
 
Three Months Ended September 30,
 
Nine Months Ended 
 
September 30,
 
2019
 
2018
 
2019
 
2018
Net loss (numerator):
 
 
 
 
 
 
 
Net loss – basic and diluted
$
(41,274
)
 
$
(43,228
)
 
$
(117,343
)
 
$
(127,423
)
Shares (denominator):
 
 
 
 
 
 
 
Weighted-average shares – basic and diluted
92,737

 
91,408

 
92,279

 
91,101

Loss per share -- basic and diluted
$
(0.45
)
 
$
(0.47
)
 
$
(1.27
)
 
$
(1.40
)


The following weighted average common equivalent shares are excluded from the calculation of the Company’s net loss per share as their inclusion would have been anti-dilutive (in thousands):
 
Three Months Ended September 30,
Nine Months Ended September 30,
 
2019
 
2018
2019
 
2018
Employee stock options
5,007

 
6,149

4,410

 
5,993

Restricted and performance stock units
5,586

 
1,387

4,829

 
2,793

Public SPAC Warrants (1)

 


 
707

2.75% convertible senior notes due 2035
4,447

 
4,447

4,447

 
4,447

Contingently issuable shares (2)
900

 
900

900

 
900

Searchlight Penny Warrants (3)
18,066

 
18,066

18,066

 
12,375

Searchlight Market Warrants (3)
13,000

 
13,000

13,000

 
8,905

(1)
6,173,228 of our publicly traded warrants (the “Public SPAC Warrants”) expired on January 31, 2018 and are no longer exercisable.
(2)
In connection with the Sound Recording Settlement, we are obligated to issue 500,000 shares of our common stock to UMG when and if the closing price of our common stock exceeds $10.00 per share, and 400,000 shares of our common stock to UMG when and if the closing price of our common stock exceeds $12.00 per share.
(3)
On March 27, 2018, we sold to Searchlight (and associated entities) $150.0 million in aggregate principal amount of our Second Lien Notes as well as warrants to acquire an aggregate of 18,065,775 shares of the Company’s common stock at an exercise price of $0.01 per share (the “Penny Warrants”) and warrants to acquire an aggregate of 13,000,000 shares of Common Stock at an exercise price of $1.57 per share (the “Market Warrants”). See Note 8. Financing Arrangements to our 2018 Form 10-K.