Exhibit 99.4
As of March 31, 2024 | |||||||||||||||||||||
Yoshiharu Actual | LV Entities Actual | Combined | Adjustment | As adjusted | |||||||||||||||||
ASSETS | |||||||||||||||||||||
Current assets | |||||||||||||||||||||
Cash | $ | 1,355,738 | 9,000 | 1,364,738 | (179,648 | ) | b,a | $ | 1,185,090 | ||||||||||||
Accounts receivable | 94,135 | 68,852 | 162,987 | (68,852 | ) | a | 94,135 | ||||||||||||||
Inventories | 77,151 | 12,785 | 89,936 | - | b | 89,936 | |||||||||||||||
Total current assets | 1,527,024 | 90,637 | 1,617,661 | (248,500 | ) | 1,369,161 | |||||||||||||||
Non-Current Assets: | |||||||||||||||||||||
Property and equipment, net | 4,278,910 | 1,098,070 | 5,376,980 | - | b | 5,376,980 | |||||||||||||||
Operating lease right-of-use asset, net | 5,322,909 | 1,409,288 | 6,732,197 | - | b | 6,732,197 | |||||||||||||||
Goodwill | - | - | - | 1,985,645 | b,c | 1,985,645 | |||||||||||||||
Intangible assets | - | - | - | 531,051 | b | 531,051 | |||||||||||||||
Other assets | 1,584,395 | 21,571 | 1,605,966 | (749,723 | ) | a | 856,243 | ||||||||||||||
Total non-current assets | 11,186,214 | 2,528,929 | 13,715,143 | 1,766,973 | 15,482,116 | ||||||||||||||||
Total assets | $ | 12,713,238 | 2,619,566 | 15,332,804 | 1,518,473 | 16,851,277 | |||||||||||||||
LIABILITIES AND STOCKHOLDERS’ DEFICIT | |||||||||||||||||||||
Current Liabilities: | |||||||||||||||||||||
Accounts payable and accrued expenses | $ | 674,989 | 262,735 | 937,724 | (262,735 | ) | a | $ | 674,989 | ||||||||||||
Line of Credit | 1,000,000 | 103,214 | 1,103,214 | (103,214 | ) | a | 1,000,000 | ||||||||||||||
Current portion of operating lease liabilities | 589,561 | 201,562 | 791,123 | - | b | 791,123 | |||||||||||||||
Current portion of bank notes payables | 685,978 | - | 685,978 | - | 685,978 | ||||||||||||||||
Current portion of loan payable, EIDL | 7,931 | 33,171 | 41,102 | (33,171 | ) | a | 7,931 | ||||||||||||||
Loans payable to financial institutions | 365,470 | - | 365,470 | - | 365,470 | ||||||||||||||||
Loans payable to seller | - | - | - | 600,000 | b | 600,000 | |||||||||||||||
Due to related party | 81,097 | - | 81,097 | - | 81,097 | ||||||||||||||||
Other payables | 65,700 | - | 65,700 | - | 65,700 | ||||||||||||||||
Total current liabilities | 3,470,726 | 600,682 | 4,071,408 | 200,880 | 4,272,288 | ||||||||||||||||
Operating lease liabilities, less current portion | 5,534,934 | 1,236,477 | 6,771,411 | - | b | 6,771,411 | |||||||||||||||
Bank notes payables, less current portion | 1,450,826 | - | 1,450,826 | 900,000 | b | 2,350,826 | |||||||||||||||
Loan payable, EIDL, less current portion | 415,329 | 2,692,626 | 3,107,955 | (2,692,626 | ) | a | 415,329 | ||||||||||||||
Convertible note | - | - | - | 1,200,000 | b | 1,200,000 | |||||||||||||||
Total liabilities | 10,871,815 | 4,529,785 | 15,401,600 | (391,746 | ) | 15,009,854 | |||||||||||||||
Stockholders’ Equity | |||||||||||||||||||||
Class A Common Stock - $0.0001 par value; 49,000,000 authorized shares; 1,230,246 and 1,228,246 shares issued and outstanding at December 31, 2023 and December 31, 2022 | 124 | - | 124 | - | 124 | ||||||||||||||||
Class B Common Stock - $0.0001 par value; 1,000,000 authorized shares; 100,000 shares issued and outstanding at December 31, 2023 and at December 31, 2022 | 10 | - | 10 | - | 10 | ||||||||||||||||
Additional paid-in-capital | 12,058,267 | 3,452,868 | 15,511,135 | (3,452,868 | ) | a | 12,058,267 | ||||||||||||||
Accumulated deficit | (10,216,978 | ) | (5,363,087 | ) | (15,580,065 | ) | 5,363,087 | a | (10,216,978 | ) | |||||||||||
Total stockholders’ equity | 1,841,423 | (1,910,219 | ) | (68,796 | ) | 1,910,219 | 1,841,423 | ||||||||||||||
Total liabilities and stockholders’ equity | $ | 12,713,238 | 2,619,566 | 15,332,804 | 1,518,473 | $16,851,277 |
For the three months ended March 31, 2024 | ||||||||||||||||||||
Yoshiharu Actual | LV Entities Actual | Combined | Adjustment | As adjusted | ||||||||||||||||
Revenue: | ||||||||||||||||||||
Food and beverage | $ | 2,811,609 | 1,353,542 | 4,165,151 | - | $ | 4,165,151 | |||||||||||||
Total revenue | 2,811,609 | 1,353,542 | 4,165,151 | - | 4,165,151 | |||||||||||||||
Restaurant operating expenses: | ||||||||||||||||||||
Food, beverages and supplies | 667,892 | 386,795 | 1,054,687 | - | 1,054,687 | |||||||||||||||
Labor | 1,286,534 | 727,705 | 2,014,239 | - | 2,014,239 | |||||||||||||||
Rent and utilities | 318,568 | 129,150 | 447,718 | - | 447,718 | |||||||||||||||
Delivery and service fees | 143,361 | 22,743 | 166,104 | - | 166,104 | |||||||||||||||
Depreciation | 170,682 | 49,090 | 219,772 | - | 219,772 | |||||||||||||||
Total restaurant operating expenses | 2,587,037 | 1,315,483 | 3,902,520 | - | 3,902,520 | |||||||||||||||
Net restaurant operating income | 224,572 | 38,059 | 262,631 | - | 262,631 | |||||||||||||||
Operating expenses: | ||||||||||||||||||||
General and administrative | 920,401 | 68,570 | 988,971 | - | 988,971 | |||||||||||||||
Related party compensation | 42,154 | - | 42,154 | - | 42,154 | |||||||||||||||
Advertising and marketing | 33,904 | 20,563 | 54,467 | - | 54,467 | |||||||||||||||
Total operating expenses | 996,459 | 89,133 | 1,085,592 | - | 1,085,592 | |||||||||||||||
Income (loss) from operations | (771,887 | ) | (51,074 | ) | (822,961 | ) | - | (822,961 | ) | |||||||||||
Other expense: | ||||||||||||||||||||
Interest | (104,318 | ) | (30,894 | ) | (135,212 | ) | - | (135,212 | ) | |||||||||||
Total other income | (104,318 | ) | (30,894 | ) | (135,212 | ) | - | (135,212 | ) | |||||||||||
Loss before income taxes | (876,205 | ) | (81,968 | ) | (958,173 | ) | - | (958,173 | ) | |||||||||||
Income tax provision | - | - | - | - | - | |||||||||||||||
Net loss | (876,205 | ) | (81,968 | ) | (958,173 | ) | - | (958,173 | ) | |||||||||||
Loss per share: | ||||||||||||||||||||
Basic and diluted | (0.65 | ) | - | (0.71 | ) | - | (0.71 | ) | ||||||||||||
Weighted average number of common shares outstanding: | ||||||||||||||||||||
Basic and diluted | 1,341,488 | - | 1,341,488 | - | 1,341,488 |
a | Represents the assets and liabilities that are not acquired by the Company. |
b | Represents purchase adjustments |
Cash | $ | 900,000 | Fixed assets gross | 1,708,538 | ||||||
Loans payable to seller | 600,000 | Operating lease right-of-use asset, net | 1,483,632 | |||||||
Bank notes payables | 900,000 | Goodwill | 1,917,365 | |||||||
Convertible note | 1,200,000 | Operating lease liabilities | (1,509,535 | ) | ||||||
Total purchase price | $ | 3,600,000 | Acquired assets, net | 3,600,000 |
c | Goodwill adjustment is subject to appropriate asset valuation based on purchase price after valuation is completed |
NOTES TO UNAUDITED PRO FORMA COMBINED FINANCIAL STATEMENTS
1. Basis of Presentation
The Purchase will be accounted for as an acquisition, in accordance with GAAP. The Company was deemed the accounting acquirer in the Purchase based on an analysis of the criteria outlined in Accounting Standards Codification (“ASC”) 805, Business Combinations. LV Entities were deemed to be the predecessor entity of the Company. Accordingly, the historical financial statements of the LV Entities will become the historical financial statements of the Company, upon the consummation of the Purchase. Under the acquisition method of accounting, the certain assets and liabilities of the LV Entities will be recorded at their fair values measured as of the acquisition date. The excess of the purchase price over the estimated fair values of the net assets acquired, if applicable, will be recorded as goodwill.
The unaudited pro forma combined balance sheet as of March 31, 2024, assumes that the Purchase occurred on March 31, 2024. The unaudited pro forma combined statement of operations for the three months ended March 31, 2024 reflects pro forma effect to the Purchase as if it had been completed on January 1, 2024.
Management has made significant estimates and assumptions in its determination of the pro forma adjustments. As the unaudited pro forma combined financial information has been prepared based on these preliminary estimates, the final amounts recorded may differ materially from the information presented. The unaudited pro forma combined financial information does not give effect to any anticipated synergies, operating efficiencies, tax savings, or cost savings that may be associated with the Purchase.
The pro forma adjustments reflecting the consummation of the Purchase are based on certain currently available information and certain assumptions and methodologies that the Company believes are reasonable under the circumstances. The unaudited pro forma adjustments, which are described in the accompanying notes, may be revised as additional information becomes available and is evaluated. Therefore, it is likely that the actual adjustments will differ from the pro forma adjustments and it is possible the difference may be material. The Company believes that its assumptions and methodologies provide a reasonable basis for presenting all of the significant effects of the Purchase based on information available to management at the time and that the pro forma adjustments give appropriate effect to those assumptions and are properly applied in the unaudited pro forma combined financial information.
The unaudited pro forma combined financial information is not necessarily indicative of what the actual results of operations and financial position would have been had the Purchase taken place on the dates indicated, nor are they indicative of the future consolidated results of operations or financial position of the combined company. They should be read in conjunction with the historical financial statements and notes thereto of the Company’s Form 10-K and Form 10-Q and the LV Entities included in this prospectus.
The following unaudited pro forma combined financial information has been prepared in accordance with Article 11 of Regulation S-X, as amended by the final rule, Release No. 33-10786 “Amendments to Financial Disclosures about Acquired and Disposed Businesses.” Release No. 33-10786 replaces the existing pro forma adjustment criteria with simplified requirements to depict the accounting for the Purchase (“Transaction Accounting Adjustments”) and present the reasonably estimable synergies and other transaction effects that have occurred or are reasonably expected to occur (“Management’s Adjustments”). The Company has elected not to present Management’s Adjustments and will only be presenting Transaction Accounting Adjustments in the following unaudited pro forma combined financial information.
2. Accounting Policies
Upon consummation of the Purchase, management will perform a comprehensive review of the accounting policies of the two entities. As a result of the review, management may identify differences between the accounting policies of the two entities which, when conformed, could have a material impact on the financial statements of the combined company. Based on its initial analysis, management did not identify any differences that would have a material impact on the unaudited pro forma combined financial information. As a result, the unaudited pro forma combined financial information does not assume any differences in accounting policies.
3. Preliminary Purchase Price Allocation
The preliminary purchase price of the LV Entities has been allocated to the assets acquired and liabilities assumed for purposes of this pro forma financial information based on their estimated relative fair values. The purchase price allocations herein are preliminary. The final purchase price allocations for the Purchase will be determined after completion of a thorough analysis to determine the fair value of all assets acquired and liabilities assumed but in no event later than one year following the closing date of the acquisition. Accordingly, the final acquisition accounting adjustments could differ materially from the accounting adjustments included in the pro forma financial statements presented herein. Any increase or decrease in the fair value of the assets acquired and liabilities assumed, as compared to the information shown herein, could also change the portion of purchase price allocable to goodwill and could impact the operating results of the Company following the acquisition due to differences in purchase price allocation, depreciation and amortization related to some of these assets and liabilities.
Purchase Price | ||||
Cash | $ | 900,000 | ||
Loans payable to seller | 600,000 | |||
Bank notes payables | 900,000 | |||
Convertible note | 1,200,000 | |||
Total purchase price | $ | 3,600,000 | ||
Purchase Price Allocation | ||||
Inventory and other assets | $ | 13,985 | ||
Fixed assets, net | 1,098,070 | |||
Operating lease right-of-use asset, net | 1,409,288 | |||
Goodwill | 1,985,645 | |||
Intangible assets | 531,051 | |||
Operating lease liabilities | (1,438,039 | ) | ||
Acquired assets, net | $ | 3,600,000 |
4. Adjustments to Unaudited Pro forma combined Financial Information
The unaudited pro forma combined financial information has been prepared to illustrate the effect of the Purchase and has been prepared for informational purposes only.
The pro forma combined provision for income taxes does not necessarily reflect the amounts that would have resulted had the combined company filed consolidated income tax returns during the periods presented.
The pro forma basic and diluted earnings per share amounts presented in the unaudited pro forma combined statement of operations are based upon the number of the combined company’s shares outstanding, assuming the Purchase occurred on January 1, 2024.
Transaction Adjustments
(a) | Reflects the assets and liabilities that are not acquired by the Company. | |
(b) | Reflects the purchase adjustments. | |
(c) | Goodwill adjustment is subject to appropriate asset valuation based on purchase price after valuation is completed |
5. Pro Forma Earnings per Share
Basic earnings per share is computed based on the historical weighted average number of shares of common stock outstanding during the period, and the issuance of additional shares in connection with the Purchase, assuming the shares were outstanding since January 1, 2024. As the Purchase is being reflected as if it had occurred at the beginning of the period presented, the calculation of weighted average shares outstanding for basic and diluted net loss per share assumes that the shares issuable in connection with the Purchase have been outstanding for the entire period presented.