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UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 10-Q

QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

For the quarterly period ended June 30, 2024

OR

TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

For the transition period from                        to                      

Commission File No. 001-41503

INNOVATIVE SOLUTIONS AND SUPPORT, INC.

(Exact name of registrant as specified in its charter)

PENNSYLVANIA

    

23-2507402

(State or Other Jurisdiction
of Incorporation or Organization)

(I.R.S. Employer
Identification No.)

720 Pennsylvania Drive, Exton, Pennsylvania

19341

(Address of Principal Executive Offices)

(Zip Code)

(610) 646-9800

(Registrant’s Telephone Number, Including Area Code)

Securities registered pursuant to Section 12(b) of the Act:

Title of each class

    

Trading Symbol(s)

    

Name of each exchange on which registered

Common Stock, par value $0.001 per share

ISSC

Nasdaq Stock Market LLC

Indicate by check mark whether the Registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the Registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes   No

Indicate by check mark whether the Registrant has submitted electronically every Interactive Data File required to be submitted pursuant to Rule 405 of Regulation S-T (§ 232.405 of this chapter) during the preceding 12 months (or for such shorter period that the Registrant was required to submit such files). Yes   No 

Indicate by check mark whether the Registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer or a smaller reporting company or an emerging growth company. See the definitions of “large accelerated filer,” “accelerated filer,” “smaller reporting company” and “emerging growth company” in Rule 12b-2 of the Exchange Act.

 Large accelerated filer

 Accelerated filer

 Non-accelerated filer

 Smaller reporting company

 Emerging growth company

If an emerging growth company, indicate by check mark if the Registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act.

Indicate by check mark whether the Registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act). Yes   No 

As of August 9, 2024, there were 17,499,955 shares of the Registrant’s Common Stock, with par value of $0.001 per share, outstanding.

INNOVATIVE SOLUTIONS AND SUPPORT, INC.

FORM 10-Q JUNE 30, 2024

INDEX

 

 

Page No.

PART I.

FINANCIAL INFORMATION

 

 

Item 1.

Financial Statements (Unaudited)

 

 

Condensed Consolidated Balance Sheets

1

 

 

Condensed Consolidated Statements of Operations

2

 

Condensed Consolidated Statements of Shareholders’ Equity

3 - 4

 

Condensed Consolidated Statements of Cash Flows

5

 

Notes to Condensed Consolidated Financial Statements

6 - 21

 

 

Item 2.

Management’s Discussion and Analysis of Financial Condition and Results of Operations

22 - 31

 

 

Item 3.

Quantitative and Qualitative Disclosures about Market Risk

31

 

 

Item 4.

Controls and Procedures

31

 

PART II.

OTHER INFORMATION

 

 

Item 1.

Legal Proceedings

32

 

 

Item 1A.

Risk Factors

32

 

 

Item 2.

Unregistered Sales of Equity Securities and Use of Proceeds

32

 

 

Item 3.

Defaults upon Senior Securities

32

 

 

Item 4.

Mine Safety Disclosures

32

 

 

Item 5.

Other Information

32

 

 

Item 6.

Exhibits

33

 

 

SIGNATURES

35

PART I—FINANCIAL INFORMATION

Item 1- Financial Statements

INNOVATIVE SOLUTIONS AND SUPPORT, INC.

CONDENSED CONSOLIDATED BALANCE SHEETS

(unaudited)

    

June 30, 

    

September 30, 

2024

2023

ASSETS

Current assets

Cash and cash equivalents

$

521,041

$

3,097,193

Accounts receivable

 

7,329,662

 

9,743,714

Contract assets

 

1,098,301

 

487,139

Inventories

14,540,172

 

6,139,713

Prepaid inventory

1,899,013

12,069,114

Prepaid expenses and other current assets

 

984,684

 

1,073,012

Assets held for sale

 

 

2,063,818

Total current assets

26,372,873

34,673,703

Goodwill

4,074,466

3,557,886

Intangible assets, net

16,089,821

16,185,321

Property and equipment, net

 

11,590,207

 

7,892,427

Deferred income taxes

1,109,598

456,392

Other assets

 

545,980

 

191,722

Total assets

$

59,782,945

$

62,957,451

LIABILITIES AND SHAREHOLDERS’ EQUITY

Current liabilities

Current portion of long-term debt

$

9,859,074

$

2,000,000

Accounts payable

3,343,876

1,337,275

Accrued expenses

 

2,818,405

 

2,918,325

Contract liability

131,534

143,359

Total current liabilities

16,152,889

6,398,959

Long-term debt

17,500,000

Other liabilities

448,931

421,508

Total liabilities

16,601,820

24,320,467

Commitments and contingencies (See Note 6)

Shareholders’ equity

Preferred stock, 10,000,000 shares authorized, $.001 par value, of which 200,000 shares are authorized as Class A Convertible stock. No shares issued and outstanding at June 30, 2024 and September 30, 2023

 

 

Common stock, $.001 par value: 75,000,000 shares authorized, 19,590,156 and 19,543,441 issued at June 30, 2024 and September 30, 2023, respectively

19,589

19,543

Additional paid-in capital

 

55,043,174

 

54,317,265

Retained earnings

 

9,486,899

 

5,668,713

Treasury stock, at cost, 2,096,451 shares at June 30, 2024 and at September 30, 2023

 

(21,368,537)

 

(21,368,537)

Total shareholders’ equity

43,181,125

38,636,984

Total liabilities and shareholders’ equity

$

59,782,945

$

62,957,451

The accompanying notes are an integral part of these statements.

1

INNOVATIVE SOLUTIONS AND SUPPORT, INC.

CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS

(unaudited)

Three Months Ended June 30, 

Nine Months Ended June 30, 

    

2024

    

2023

    

2024

    

2023

    

Net Sales:

Product

$

5,127,056

$

6,575,411

$

14,446,753

$

17,608,769

Customer service

6,408,961

1,318,214

15,734,430

3,774,666

Engineering development contracts

 

229,618

 

65,583

 

1,632,031

 

432,482

Total net sales

 

11,765,635

 

7,959,208

 

31,813,214

 

21,815,917

Cost of sales:

Product

 

2,106,629

 

2,831,511

 

6,235,668

 

7,450,205

Customer service

3,101,875

371,359

7,291,096

1,088,014

Engineering development contracts

 

277,310

 

21,692

 

901,104

 

79,098

Total cost of sales

 

5,485,814

 

3,224,562

 

14,427,868

 

8,617,317

Gross profit

 

6,279,821

 

4,734,646

 

17,385,346

 

13,198,600

Operating expenses:

Research and development

 

1,099,367

 

851,296

 

3,031,630

 

2,387,939

Selling, general and administrative

 

3,143,334

 

2,395,714

 

9,058,347

 

7,104,212

Total operating expenses

 

4,242,701

 

3,247,010

 

12,089,977

 

9,492,151

Operating income

 

2,037,120

 

1,487,636

 

5,295,369

 

3,706,449

Interest expense

 

(172,784)

 

 

(704,267)

 

Interest income

 

5,826

 

185,652

 

121,505

 

432,495

Other income

 

12,869

 

90,049

 

57,040

 

131,504

Income before income taxes

 

1,883,031

 

1,763,337

 

4,769,647

 

4,270,448

Income tax expense

 

330,511

 

339,958

 

951,461

 

877,315

Net income

$

1,552,520

$

1,423,379

$

3,818,186

$

3,393,133

Net income per common share:

Basic

$

0.09

$

0.08

$

0.22

$

0.19

Diluted

$

0.09

$

0.08

$

0.22

$

0.19

Weighted average shares outstanding:

Basic

 

17,461,652

 

17,576,969

 

17,455,903

 

17,415,358

Diluted

 

17,467,259

 

17,577,588

 

17,476,089

 

17,419,265

The accompanying notes are an integral part of these statements.

2

INNOVATIVE SOLUTIONS AND SUPPORT, INC.

CONDENSED CONSOLIDATED STATEMENT OF SHAREHOLDERS’ EQUITY

(unaudited)

Additional

Total

Common

Paid-In

Retained

Treasury

shareholders’

    

Stock

    

Capital

    

Earnings

    

Stock

    

equity

Balance, September 30, 2023

$

19,543

$

54,317,265

$

5,668,713

$

(21,368,537)

$

38,636,984

Share-based compensation

6

205,710

205,716

Net income

1,057,350

1,057,350

Balance, December 31, 2023

$

19,549

$

54,522,975

$

6,726,063

$

(21,368,537)

$

39,900,050

Share-based compensation

7

269,332

269,339

Net income

1,208,316

1,208,316

Balance, March 31, 2024

$

19,556

$

54,792,307

$

7,934,379

$

(21,368,537)

$

41,377,705

Share-based compensation

33

250,867

250,900

Net income

1,552,520

1,552,520

Balance, June 30, 2024

$

19,589

$

55,043,174

$

9,486,899

$

(21,368,537)

$

43,181,125

The accompanying notes are an integral part of these statements.

3

INNOVATIVE SOLUTIONS AND SUPPORT, INC.

CONDENSED CONSOLIDATED STATEMENT OF SHAREHOLDERS’ EQUITY

(unaudited)

(Accumulated

Additional

Deficit)

Total

Common

Paid-In

Retained

Treasury

shareholders’

    

Stock

    

Capital

    

Earnings

    

Stock

    

equity

Balance, September 30, 2022

$

19,413

$

52,458,121

(359,042)

$

(21,368,537)

$

30,749,955

Share-based compensation

233,125

233,125

Exercise of stock options

57

408,789

408,846

Net income

698,651

698,651

Balance, December 31, 2022

$

19,470

$

53,100,035

$

339,609

$

(21,368,537)

$

32,090,577

Share-based compensation

48

783,398

783,446

Net income

1,271,103

1,271,103

Balance, March 31, 2023

$

19,518

$

53,883,433

$

1,610,712

$

(21,368,537)

$

34,145,126

Share-based compensation

15

214,069

214,084

Net income

1,423,379

1,423,379

Balance, June 30, 2023

$

19,533

$

54,097,502

$

3,034,091

$

(21,368,537)

$

35,782,589

The accompanying notes are an integral part of these statements.

4

INNOVATIVE SOLUTIONS AND SUPPORT, INC.

CONDENSED CONSOLIDATED STATEMENTS OF CASH FLOWS

(unaudited)

For the Nine Months Ended June 30, 

    

2024

    

2023

    

CASH FLOWS FROM OPERATING ACTIVITIES:

Net income

$

3,818,186

$

3,393,133

Adjustments to reconcile net income to net cash provided by operating activities:

Depreciation and amortization

 

1,437,232

 

258,892

Share-based compensation expense

Stock options

 

265,024

 

646,172

Stock awards

 

460,931

 

584,483

Impairment of long-lived assets

44,400

Gain on disposal of property and equipment

 

(160,577)

 

Deferred income taxes

 

(623,683)

 

(597,221)

(Increase) decrease in:

Accounts receivable

 

2,414,052

 

(1,646,558)

Contract assets

 

(611,162)

 

(89,420)

Inventories

 

(3,275,938)

 

(393,509)

Prepaid expenses and other current assets

 

309,943

 

(71,679)

Other non-current assets

 

(364,041)

 

(104,626)

Increase (decrease) in:

Accounts payable

 

2,006,601

 

58,251

Accrued expenses

 

(92,237)

 

(854,793)

Income taxes

 

(221,615)

 

(133,370)

Contract liabilities

 

(11,825)

 

(156,230)

Net cash provided by operating activities

 

5,350,891

 

937,925

CASH FLOWS FROM INVESTING ACTIVITIES:

Purchases of property and equipment

 

(511,927)

 

(165,084)

Acquisition of a business

 

 

(35,860,000)

Proceeds from the sale of property and equipment

2,225,810

Net cash provided by (used in) investing activities

 

1,713,883

 

(36,025,084)

CASH FLOWS FROM FINANCING ACTIVITIES:

Repayments of term note

(19,500,000)

Proceeds from line of credit note

29,044,688

Repayments of line of credit note

(19,185,614)

Proceeds from term note

 

 

20,000,000

Proceeds from exercise of stock options

 

408,846

Net cash (used in) provided by financing activities

 

(9,640,926)

 

20,408,846

Net (decrease) increase in cash and cash equivalents

 

(2,576,152)

 

(14,678,313)

Cash and cash equivalents, beginning of year

 

3,097,193

 

17,250,546

Cash and cash equivalents, end of year

$

521,041

$

2,572,233

SUPPLEMENTAL DISCLOSURE OF CASH FLOW INFORMATION

Cash paid for income taxes

$

1,913,456

$

1,608,506

SUPPLEMENTAL DISCLOSURE OF NONCASH INFORMATION

Transfer from prepaid inventory to purchases of property and equipment

$

3,729,000

$

Transfer from prepaid inventory to inventory

$

5,124,521

$

Transfer from prepaid inventory to goodwill

$

516,580

$

Transfer from prepaid inventory to intangible assets, net

$

800,000

$

The accompanying notes are an integral part of these statements.

5

INNOVATIVE SOLUTIONS AND SUPPORT, INC.

NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS

(unaudited)

1. Summary of Significant Accounting Policies

Certain of Innovative Solutions and Support, Inc.’s (the “Company,” “IS&S,” “we” or “us”) significant accounting policies are described below. All of the Company’s significant accounting policies are disclosed in the notes to the Company’s audited consolidated financial statements included in the Company’s Annual Report on Form 10-K for the fiscal year ended September 30, 2023.

Description of the Company

The Company was incorporated in Pennsylvania on February 12, 1988. The Company operates in one business segment as a systems integrator that designs, develops, manufactures, sells and services air data equipment, engine display systems, standby equipment, primary flight guidance, autothrottles and cockpit display systems for retrofit applications and original equipment manufacturers (“OEMs”). The Company supplies integrated flight management systems (“FMS”), flat panel display systems (“FPDS”), FPDS with autothrottle, air data equipment, integrated standby units, integrated standby units with autothrottle and advanced Global Positioning System (“GPS”) receivers that enable reduced carbon footprint navigation, communication and navigation products and inertial reference units.

The Company has continued to position itself as a system integrator, which capability provides the Company with the potential to generate more substantive orders over a broader product base. This strategy, as both a manufacturer and integrator, is designed to leverage the latest technologies developed for the computer and telecommunications industries into advanced and cost-effective solutions for the general aviation, commercial air transport and, United States Department of Defense (“DoD”)/governmental and foreign military markets. This approach, combined with the Company’s industry experience, is designed to enable IS&S to develop high-quality products and systems, to reduce product time to market and to achieve cost advantages over products offered by its competitors.

On June 30, 2023 (the “Acquisition Date”), the Company entered into an Asset Purchase and License Agreement with Honeywell International, Inc. (“Honeywell”) whereby Honeywell sold certain assets and granted perpetual license rights to manufacture and sell licensed products related to its inertial, communication and navigation product lines (the “Product Lines”) to the Company (the “Transaction”). The Transaction involved a sale of certain inventory, equipment and customer-related documents; an assignment of certain customer contracts; and a grant of exclusive and non-exclusive licenses to use certain Honeywell intellectual property related to its inertial, communication and navigation product lines to repair, overhaul, manufacture sell, import, export and distribute certain products to the Company. See Acquisition within Note 2, “Supplemental Balance Sheet Disclosures” below for more details.

Basis of Presentation

The accompanying unaudited condensed consolidated financial statements are presented pursuant to the rules and regulations of the United States Securities and Exchange Commission (the “SEC”) in accordance with the disclosure requirements for the quarterly report on Form 10-Q and, therefore, do not include all of the information and footnotes required by generally accepted accounting principles in the United States (“GAAP”) for complete annual financial statements. In the opinion of Company management, the unaudited condensed consolidated financial statements reflect all adjustments (consisting of normal recurring adjustments) necessary to state fairly the results for the interim periods presented. The condensed consolidated balance sheet as of September 30, 2023 is derived from the audited financial statements of the Company. Operating results for the three- and nine-month periods ended June 30, 2024 are not necessarily indicative of the results that may be expected for the fiscal year ending September 30, 2024 which cannot be determined at this time. These unaudited condensed consolidated financial statements should be read in conjunction with the audited consolidated financial statements and notes of the Company included in the Company’s Annual Report on Form 10-K for the fiscal year ended September 30, 2023.

Principles of Consolidation

The Company’s condensed consolidated financial statements include the accounts of its wholly-owned subsidiaries. All intercompany balances and transactions have been eliminated in consolidation.

6

Use of Estimates

The financial statements of the Company have been prepared in accordance with GAAP, which require management to make estimates and assumptions that affect the amounts reported in the financial statements. Actual results could differ from those estimates. Estimates are used in accounting for, among other items, valuation of tangible and intangible assets acquired, long term contracts, evaluation of allowances for doubtful accounts, inventory obsolescence, product warranty cost liabilities, income taxes, engineering and material costs on Engineering Development Contract (“EDC”) programs, percentage of completion on EDC contracts, the useful lives of long-lived assets for depreciation and amortization, the recoverability of long-lived assets, evaluation of goodwill impairment and contingencies. Estimates and assumptions are reviewed periodically and the effects of changes, if any, are reflected in the condensed consolidated statements of operations in the period they are determined.

Principles of Acquisitions

The Company evaluates each of its acquisitions in accordance with Financial Accounting Standards Board (“FASB”) Accounting Standards Codification (“ASC”) Topic 805, “Business Combinations” (“ASC 805”), to determine whether the transaction is a business combination or an asset acquisition. In determining whether an acquisition should be accounted for as a business combination or an asset acquisition, the Company first performs a screen test to determine whether substantially all of the fair value of the gross assets acquired is concentrated in a single identifiable asset or a group of similar identifiable assets. If this is the case, the acquired set is not deemed to be a business and is instead accounted for as an asset acquisition. If this is not the case, the Company then further evaluates whether the acquired set includes, at a minimum, an input and a substantive process that together significantly contribute to the ability to create outputs. If so, the Company concludes that the acquired set is a business.

The Company accounts for business acquisitions using the acquisition method of accounting. Under this method of accounting, assets acquired and liabilities assumed are recorded at their respective fair values at the date of the acquisition. When determining the fair values of assets acquired and liabilities assumed, management makes significant estimates and assumptions. The Company’s estimates of fair value are based upon assumptions believed to be reasonable, but are inherently uncertain and unpredictable and, as a result, actual results may differ from estimates. Any excess of the purchase price over the fair value of the net assets acquired is recognized as goodwill.

During the measurement period, which may be up to one year from the acquisition date, the Company adjusts the provisional amounts of assets acquired and liabilities assumed with the corresponding offset to goodwill to reflect new information obtained about facts and circumstances that existed as of the acquisition date that, if known, would have affected the measurement of the amounts recognized as of that date. Upon the conclusion of the measurement period or final determination of the values of assets acquired or liabilities assumed, whichever comes first, any subsequent adjustments are recorded within the Company’s condensed consolidated statements of operations.

Intangible Assets

The Company’s identifiable intangible assets primarily consist of license agreement and customer relationships. Intangible assets acquired in a business combination are recognized at fair value using generally accepted valuation methods deemed appropriate for the type of intangible asset acquired and are reported separately from any goodwill recognized.

Intangible assets with a finite life are amortized over their estimated useful life and are reported net of accumulated amortization. They are assessed for impairment in accordance with the Company’s policy on assessing long-lived assets for impairment described in the notes of the Company’s audited consolidated financial statements included in the Company’s Annual Report on Form 10-K for the fiscal year ended September 30, 2023.

Indefinite-lived intangible assets are not amortized, but are subject to an annual impairment test, or when events or circumstances dictate, more frequently. The impairment review for indefinite-lived intangible assets can be performed using a qualitative or quantitative impairment assessment. The quantitative assessment consists of a comparison of the fair value of the indefinite-lived intangible asset with its carrying amount. If the carrying amount exceeds its fair value, an impairment loss is recognized in an amount equal to that excess. If the fair value exceeds its carrying amount, the indefinite-lived intangible asset is not considered impaired.

Goodwill

Goodwill represents the future economic benefit arising from other assets acquired that could not be individually identified and separately recognized. The recorded amounts of goodwill from business combinations are based on management’s best estimates of the fair values of assets acquired and liabilities assumed at the date of acquisition. Goodwill is assigned to the reporting units that are

7

expected to benefit from the synergies of the business combination that generated the goodwill. The Company’s goodwill impairment test is performed at the reporting unit level. Reporting units are determined based on an evaluation of the Company’s operating segments and the components making up those operating segments.

Goodwill is tested for impairment at fiscal year-end September 30 or in an interim period if certain changes in circumstances indicate a possibility that an impairment may exist. Factors to consider that may indicate an impairment may exist are:

macroeconomic conditions;
industry and market considerations, such as a significant adverse change in the business climate;
cost factors;
overall financial performance, such as current-period operating results or cash flow declines combined with a history of operating results or cash flow declines;
a projection or forecast that demonstrates continuing declines in the cash flow or the inability to improve the operations to forecasted levels; and
any entity-specific events.

If the Company determines that it is more likely than not that the fair value of the reporting unit is below the carrying amount as part of its qualitative assessment, a quantitative assessment of goodwill is required. In the quantitative evaluation, the fair value of the reporting unit is determined and compared to the carrying value. If the fair value is greater than the carrying value, then the goodwill is deemed not to be impaired and no further action is required. If the fair value is less than the carrying value, goodwill is considered impaired and a charge is reported as impairment of goodwill in the condensed consolidated statements of operations.

Fair Value of Financial Instruments

The net carrying amounts of cash and cash equivalents, accounts receivable and accounts payable approximate their fair value because of the short-term nature of these instruments. The carrying value of our debt approximates fair value as the interest rate is variable and approximates current market levels. For financial assets and liabilities measured at fair value on a recurring basis, fair value is the price the Company would receive to sell an asset or pay to transfer a liability in an orderly transaction with a market participant at the measurement date. A three-level fair value hierarchy prioritizes the inputs used to measure fair value as follows:

Level 1 — Unadjusted quoted prices that are available in active markets for the identical assets or liabilities at the measurement date.

Level 2 — Other observable inputs available at the measurement date, other than quoted prices included in Level 1, either directly or indirectly, including:

Quoted prices for similar assets or liabilities in active markets;
Quoted prices for identical or similar assets in non-active markets;
Inputs other than quoted prices that are observable for the asset or liability; and
Inputs that are derived principally from or corroborated by other observable market data.

Level 3 — Unobservable inputs that cannot be corroborated by observable market data and reflect the use of significant management judgment. These values are generally determined using pricing models for which the assumptions utilize management’s estimates of market participant assumptions.

8

The following table sets forth by level within the fair value hierarchy the Company’s financial assets and liabilities that were accounted for at fair value on a recurring basis as of June 30, 2024 and September 30, 2023, according to the valuation techniques the Company used to determine their fair values.

Fair Value Measurement on June 30, 2024

    

Quoted Price in

    

Significant Other

    

Significant

Active Markets for

Observable

Unobservable

Identical Assets

Inputs

Inputs

(Level 1)

(Level 2)

(Level 3)

Assets

Cash and cash equivalents:

Money market funds

$

499,787

$

$

Fair Value Measurement on September 30, 2023

    

Quoted Price in

    

Significant Other

    

Significant

Active Markets for

Observable

Unobservable

Identical Assets

Inputs

Inputs

(Level 1)

(Level 2)

(Level 3)

Assets

Cash and cash equivalents:

Money market funds

$

3,665,128

$

$

The June 30, 2024 money market funds balance differs from the cash and cash equivalents balance on the condensed consolidated balance sheet due to the timing of sweep transactions within the PNC cash investment accounts.

Revenue Recognition

The Company enters into sales arrangements with customers that, in general, provide for the Company to design, develop, manufacture, deliver and service large flat-panel display systems, flight information computers, autothrottles and advanced monitoring systems that measure and display critical flight information, including data relative to aircraft separation, airspeed, altitude and engine and fuel data measurements.

Revenue from Contracts with Customers

The Company accounts for revenue in accordance with ASC 606, “Revenue from Contracts with Customers” (“ASC 606”). The core principle of ASC 606 is that an entity recognizes revenue when a customer obtains control of promised goods or services. The amount of revenue recognized reflects the consideration to which the Company expects to be entitled to receive in exchange for these goods or services. To achieve this core principle, the Company applies the following five steps:

1)

Identify the contract with a customer

The Company’s contract with its customers typically is in the form of a purchase order issued to the Company by its customers and, to a lesser degree, in the form of a purchase order issued in connection with a formal contract executed with a customer. For the purpose of accounting for revenue under ASC 606, a contract with a customer exists when (i) the Company enters into an enforceable contract with a customer that defines each party’s rights regarding the goods or services to be transferred and identifies the payment terms related to these goods or services, (ii) the contract has commercial substance and, (iii) the Company determines that collection of substantially all consideration for goods or services that are transferred is probable based on the customer’s intent and ability to pay the promised consideration. The Company applies judgment in determining the customer’s ability and intention to pay, which is based on a variety of factors including the customer’s historical payment experience or, in the case of a new customer, published credit and financial information pertaining to the customer.

2)

Identify the performance obligations in the contract

Performance obligations promised in a contract are identified based on the goods or services that will be transferred to the customer that are both capable of being distinct, whereby the customer can benefit from the good or service either on its own or together with other resources that are readily available from third parties or from the Company, and are distinct in the context of the contract, whereby the transfer of the goods or services is separately identifiable from other promises in the contract. Most of our revenue is

9

derived from purchases under which we provide a specific product or service and, as a result, there is only one performance obligation. In the event that a contract includes multiple promised goods or services, such as an EDC contract which includes both engineering services and a resulting product shipment, the Company must apply judgment to determine whether promised goods or services are capable of being distinct in the context of the contract. In these cases, the Company considers whether the customer could, on its own, or together with other resources that are readily available from third parties, produce the physical product using only the output resulting from the Company’s completion of engineering services. If the customer cannot produce the physical product, then the promised goods or services are accounted for as a combined performance obligation.

3)

Determine the transaction price

The transaction price is determined based on the consideration to which the Company will be entitled in exchange for transferring goods or services to the customer. To the extent the transaction price includes variable consideration, the Company estimates the amount of variable consideration that should be included in the transaction price utilizing either the expected value method or the most likely amount method depending on the nature of the variable consideration. Variable consideration is included in the transaction price if, in the Company’s judgment, it is probable that a significant future reversal of cumulative revenue under the contract will not occur.

4)

Allocate the transaction price to performance obligations in the contract

If the contract contains a single performance obligation, the entire transaction price is allocated to the single performance obligation. If the contract contains multiple performance obligation, the Company determines standalone selling price based on the price at which each performance obligation is sold separately. If the standalone selling price is not observable through past transactions, the Company estimates the standalone selling price by taking into account available information such as market conditions as well as the cost of the goods or services and the Company’s normal margins for similar performance obligations.

5)Recognize revenue when or as the Company satisfies a performance obligation

The Company satisfies performance obligations either over time or at a point in time as discussed in further detail below. Revenue is recognized at the time the related performance obligation is satisfied by transferring a promised good or service to a customer. The Company has also recognized revenue from EDC contracts and is recognized over time using an input measure (e.g., costs incurred to date relative to total estimated costs at completion) to measure progress. Contract costs include material, components and third-party avionics purchased from suppliers, direct labor and overhead costs.

Contract Estimates

Accounting for performance obligations in long-term contracts that are satisfied over time involves the use of various techniques to estimate progress towards satisfaction of the performance obligation. The Company typically measures progress based on costs incurred compared to estimated total contract costs. Contract cost estimates are based on various assumptions to project the outcome of future events that often span more than a single year. These assumptions include the amount of labor and labor costs, the quantity and cost of raw materials used in the completion of the performance obligation and the complexity of the work to be performed.

As a significant change in one or more of these estimates could affect the profitability of our contracts, we review and update our contract-related estimates regularly. We recognize adjustments in estimated profit on contracts under the cumulative catch-up method. Under this method, the impact of the adjustment on profit recorded to date is recognized in the period the adjustment is identified. Revenue and profit in future periods of contract performance is recognized using the adjusted estimate. If at any time the estimate of contract profitability indicates an anticipated loss on the contract, we recognize the total loss in the quarter in which it is identified.

The impact of adjustments in contract estimates on our operating earnings can be reflected in either operating costs and expenses or revenue. The aggregate impact of adjustments in contract estimates did not change our revenue and operating earnings (and diluted earnings per share) for the three- and nine-month periods ended June 30, 2024 and 2023. Therefore, no adjustment on any contract was material to our condensed consolidated financial statements for the three- and nine-month periods ended June 30, 2024 and 2023.

10

Contract Balances

Contract assets consist of the right to consideration in exchange for product offerings that we have transferred to a customer under the contract. Contract liabilities primarily relate to consideration received in advance of performance under the contract. The following table reflects the Company’s contract assets and contract liabilities:

Contract

Contract

Assets

Liabilities

September 30, 2023

$

487,139

$

143,359

Amount transferred to receivables from contract assets

 

(363,719)

Contract asset additions

 

974,881

Performance obligations satisfied during the period that were included in the contract liability balance at the beginning of the period

 

(99,045)

Increases due to invoicing prior to satisfaction of performance obligations

 

87,220

June 30, 2024

$

1,098,301

$

131,534

Concentrations

Major Customers and Products

In the three-month period ended June 30, 2024, two customers, Pilatus Aircraft Ltd (“Pilatus”) and Lufthansa Technik AG, accounted for 21% and 10% of net sales, respectively. In the nine-month period ended June 30, 2024, one customer, Pilatus accounted for 26% of net sales.

In the three-month period ended June 30, 2023, three customers, Pilatus, Air Transport Services Group (“ATSG”) and Textron Aviation, Inc. (“Textron”), accounted for 25%, 24% and 10% of net sales, respectively. In the nine-month period ended June 30, 2023, three customers, Pilatus, ATSG and Textron, accounted for 27%, 18% and 10% of net sales, respectively.

Major Suppliers

The Company buys several of its components from sole source suppliers. Although there are a limited number of suppliers of particular components, management believes other suppliers could provide similar components on comparable terms.

For the three- and nine-month periods ended June 30, 2024, the Company had two and one suppliers, respectively, that were individually responsible for greater than 10% of the Company’s total inventory related purchases.

For the three- and nine-month periods ended June 30, 2023, the Company had four suppliers, respectively, that were individually responsible for greater than 10% of the Company’s total inventory related purchases.

Concentration of Credit Risk

Financial instruments that potentially subject the Company to concentration of credit risk consist principally of cash balances and accounts receivable. The Company invests its excess cash where preservation of principal is the major consideration. Cash balances are maintained with two major banks. Balances on deposit with certain money market accounts and operating accounts may exceed the Federal Deposit Insurance Corporation limits. The Company’s customer base consists principally of companies within the aviation industry. The Company requests advance payments and/or letters of credit from customers that it considers to be credit risks.

Change in Accounting Estimate

Effective April 1, 2024, the Company changed its method of computing depreciation from accelerated methods to the straight-line method for the Company’s property and equipment, except for the manufacturing facility which was already depreciating using the straight-line method. Based on ASC 250, “Accounting Changes and Error Corrections”, the Company determined that the change in depreciation method from an accelerated method to a straight-line method is a change in accounting estimate affected by a change in accounting principle. Per the guidance, a change in accounting estimate affected by a change in accounting principle is to be applied prospectively. The change is considered preferable because the straight-line method will more accurately reflect the pattern of usage

11

and the expected benefits of such assets and provide greater consistency with the depreciation methods used by other companies in the Company’s industry. The net book value of assets acquired with useful lives remaining will be depreciated using the straight-line method prospectively. As a result of the change to the straight-line method of depreciating the assets, accumulated depreciation and depreciation expense decreased by $113,000 for the three- and nine-month periods ended June 30, 2024.

Recently Adopted Accounting Pronouncements

In June 2016, FASB issued ASU 2016-13, “Financial Instruments Credit Losses (Topic 326): Measurement of Credit Losses on Financial Instrument” (“ASU 2016-13”). ASU 2016-13 replaces the incurred loss impairment methodology in current GAAP with a methodology that reflects expected credit losses and requires consideration of a broader range of reasonable and supportable information to inform credit loss estimates. ASU 2016-13 is effective for SEC small business filers for fiscal years beginning after December 15, 2022. The adoption of this standard did not have a material impact on our condensed consolidated financial statements or related disclosures.

2. Supplemental Balance Sheet Disclosures

Acquisition

On June 30, 2023, the Company entered into an Asset Purchase and License Agreement with Honeywell whereby Honeywell sold certain assets and granted perpetual license rights to manufacture and sell licensed products related to its inertial, communication and navigation product lines to the Company. The Transaction involves a sale of certain inventory, equipment and customer-related documents; an assignment of certain customer contracts; and a grant of exclusive and non-exclusive licenses to use certain Honeywell intellectual property related to its inertial, communication and navigation product lines to repair, overhaul, manufacture sell, import, export and distribute certain products to the Company. The Transaction allows the Company to diversify its product offerings in the aerospace industry. The Company determined that the Transaction met the definition of a business under ASC 805; therefore, the Company accounted for the Transaction as a business combination and applied the acquisition method of accounting.

In connection with the Transaction, the Company entered into a term loan with PNC Bank, National Association for $20.0 million to fund a portion of the Transaction (the “Term Loan”) – refer to Note 9, “Loan Agreement” for further details. The purchase consideration transferred at the Acquisition Date was $35.9 million, which was entirely cash.

In the third quarter of 2024 and within one year from the Acquisition Date, the Company finalized its accounting of the Transaction. The following purchase price allocation table presents the Company's estimates of the fair value of assets acquired and liabilities assumed as of the Acquisition Date, and subsequent measurement period adjustments recorded during the one-year period ended June 30, 2024:

Amounts Recognized as of

    

Acquisition Date

    

Measurement

    

Purchase Price

(as previously reported)

Period Adjustments

Allocation

Cash consideration

$

35,860,000

$

$

35,860,000

Total consideration

$

35,860,000

$

$

35,860,000

Prepaid inventory (a)

$

10,036,160

$

(3,012,626)

(d)

$

7,023,534

Equipment

2,609,000

3,675,000

(d)

6,284,000

Construction in progress

1,238,000

1,238,000

Intangible assets (b)

20,900,000

(3,660,000)

(d)

17,240,000

Goodwill (c)

4,608,041

(533,575)

(d)(e)

4,074,466

Assets acquired

39,391,201

(3,531,201)

35,860,000

Accrued expenses

(3,531,201)

3,531,201

(e)

Liabilities assumed

(3,531,201)

3,531,201

Net assets acquired

$

35,860,000

$

$

35,860,000

(a)Prepaid inventory consists of raw materials and finished goods acquired by the Company but not in the Company’s physical possession as of the Acquisition Date. The fair value of raw materials was estimated to equal the replacement cost. The fair

12

value of finished goods was determined based on the estimated selling price, net of selling costs and a margin on the selling activities, which resulted in a change in the value of the finished goods.
(b)Intangible assets consist of license agreement related to the license rights to use certain Honeywell intellectual property and customer relationships and are recorded at estimated fair values. The estimated fair value of the license agreement is based on a variation of the income valuation approach and is determined using the relief from royalty method. The estimated fair value of the customer relationships is based on a variation of the income valuation approach known as the multi-period excess earnings method. Refer to Intangible assets within Note 2, “Supplemental Balance Sheet Disclosures” for further details.
(c)Goodwill represents the excess of the purchase consideration over the estimated fair value of the assets acquired and liabilities assumed. The goodwill recognized is primarily attributable to the expected synergies from the Transaction. Goodwill resulting from the Transaction has been assigned to the Company’s one operating segment and one reporting unit. The goodwill is not expected to be deductible for income tax purposes. Further, the Company determined that the goodwill was not impaired as of June 30, 2024 and as such, no impairment charges have been recorded for the three- and nine-month periods ended June 30, 2024; the Company also determined that the goodwill was not impaired as of September 30, 2023.

(d)

In the third quarter of 2024 and within one year from the Acquisition Date, the Company identified measurement period adjustments related to fair value estimates. The measurement period adjustments were due to the refinement of inputs used to calculate the fair value of the prepaid inventory, equipment, license agreement and customer relationships based on facts and circumstances that existed as of the Acquisition Date. One of the refinements of inputs used was a change in classification of prepaid inventory to equipment of $3.7 million. The adjustments resulted in an overall increase to goodwill of $3.0 million. As a result of the measurement period adjustments to the estimated fair values of equipment and customer relationships, during the third quarter of 2024, the Company recognized $218,623 additional depreciation expense in cost of sales and $67,500 additional amortization expense in selling, general and administrative respectively, related to the effects that would have been recognized in previous quarters if the measurement period adjustments were recognized as of the Acquisition Date. For the remaining measurement period adjustments, the change to the preliminary fair value estimates did not have a material impact to the condensed consolidated statement of operations.

(e)

During the fourth quarter of 2023, the Company identified measurement period adjustments related to the fair value estimates for accrued expenses. While the Asset Purchase and License Agreement indicated an amount of liabilities related to open supplier purchase orders to be assumed by the Company as of the Acquisition Date, it was determined that there were no actual liabilities outstanding related to these open supplier purchase orders as of the Acquisition Date; therefore, the $3.5 million assumed liabilities preliminarily recorded were reversed. The adjustments resulted in an overall decrease to goodwill of $3.5 million; the adjustments have no impact to the condensed consolidated statement of operations.

Transition services agreement

Concurrent with the Transaction, the Company entered into a transition services agreement (the “TSA”) with Honeywell, at no additional costs, to receive certain transitional services and technical support during the transition service period. The Company accounted for the TSA separate from business combination and have recognized $140,000 in prepaid expenses and other current assets at September 30, 2023 within the condensed consolidated balance sheets for the services to be received in the future from Honeywell. The prepaid expense related to the TSA was determined using the with and without method.

13

Acquisition and related costs

In connection with the Transaction, the Company incurred no acquisition costs for the three- and nine-month periods ended June 30, 2024. The Company incurred acquisition costs of $408,961, which were expensed as incurred and included in selling, general and administrative expenses in the condensed consolidated statement of operations for the year ended September 30, 2023; of that amount, the Company incurred acquisition costs of $262,099, which were expensed as incurred and included in selling, general and administrative expenses in the condensed consolidated statement of operations for the three- and nine-month periods ended June 30, 2023. The debt issuance costs related to the Term Loan were not material.

Unaudited pro forma information

The following unaudited pro forma summary presents consolidated information of the Company, including the Product Lines, as if the Transaction had occurred on October 1, 2021:

Three Months Ended

Nine Months Ended

    

June 30, 2023

Net sales

$

12,035,209

$

36,846,252

Net income

$

2,859,238

$

7,760,831

These pro forma results are for illustrative purposes and are not indicative of the actual results of operations that would have been achieved nor are they indicative of future results of operations. The unaudited pro forma information for all periods presented was adjusted to give effect to pro forma events that are directly attributable to the Transaction and are factually supportable. The unaudited pro forma results do not include any incremental cost savings that may result from the integration.

Inventories

Inventories are stated at the lower of cost (first-in, first-out) or net realizable value, net of write-downs for excess and obsolete inventory and consist of the following:

    

June 30, 

    

September 30, 

2024

2023

Raw materials

$

12,277,086

$

5,162,177

Work-in-process

 

1,242,259

 

966,888

Finished goods

 

1,020,827

 

10,648

$

14,540,172

$

6,139,713

Prepaid expenses and other current assets

Prepaid expenses and other current assets consist of the following:

    

June 30, 

    

September 30, 

2024

2023

Prepaid insurance

$

157,771

$

623,186

Other

 

826,913

 

449,826

984,684

$

1,073,012

14

Intangible assets

The Company’s intangible assets other than goodwill are as follows:

    

As of June 30, 2024

    

Gross Carrying

    

Accumulated

    

Accumulated

    

Net Carrying

Value

 

Impairment

 

Amortization

 

Value

License agreement acquired from the Transaction (a)

$

5,600,000

$

$

$

5,600,000

Customer relationships acquired from the Transaction (a)

 

11,640,000

 

 

(1,164,000)

 

10,476,000

Licensing and certification rights (b)

 

696,506

 

(44,400)

 

(638,285)

 

13,821

Total

$

17,936,506

$

(44,400)

$

(1,802,285)

$

16,089,821

As of September 30, 2023

    

Gross Carrying

    

Accumulated

    

Accumulated

    

Net Carrying

 

Value

 

Impairment

 

Amortization

 

Value

License agreement acquired from the Transaction (a)

$

5,700,000

$

$

$

5,700,000

Customer relationships acquired from the Transaction (a)

 

10,740,000

 

 

(268,500)

 

10,471,500

Licensing and certification rights (b)

 

696,506

 

(44,400)

 

(638,285)

 

13,821

Total

$

17,136,506

$

(44,400)

$

(906,785)

$

16,185,321

(a)

As part of the Transaction, the Company acquired intangible assets related to the license agreement for the license rights to use certain Honeywell intellectual property and customer relationships. The license agreement has an indefinite life and is not subject to amortization; the customer relationships have an estimated weighted average life of nine years. The Company determined that the intangible assets were not impaired as of June 30, 2024 and September 30, 2023; no impairment charges have been recorded for the three- and nine-month periods ended June 30, 2024.

(b)

The licensing and certification rights are amortized over a defined number of units. No impairment charges were recorded during the three-and nine-month periods ended June 30, 2024. An impairment charge of $44,400 was recorded during the three-and nine-month periods ended June 30, 2023.

Intangible asset amortization expense was $358,500 and $1,063 for the three-month periods ended June 30, 2024 and 2023, respectively. Intangible asset amortization expense for the three-month periods ended June 30, 2024 and 2023 was charged to selling, general and administrative expense.

Intangible asset amortization expense was $895,500 and $1,063 for the nine-month periods ended June 30, 2024 and 2023, respectively. Intangible asset amortization expense for the nine-month periods ended June 30, 2024 and 2023 was charged to selling, general and administrative expense.

The timing of future amortization expense is not determinable for the licensing and certification rights because they are amortized over a defined number of units. The expected future amortization expense related to the customer relationships as of June 30, 2024 is as follows:

2024 (three months remaining)

    

$

291,000

2025

1,164,000

2026

1,164,000

2027

 

1,164,000

2028

 

1,164,000

Thereafter

 

5,529,000

Total

$

10,476,000

15

Assets Held for Sale

As of September 30, 2023, the Company classified $2.1 million of net property and equipment as “assets held for sale” on the condensed consolidated balance sheet. During the fourth quarter 2023, management of the Company implemented a plan to sell a Company-owned aircraft and commenced efforts to locate a buyer for the aircraft. On November 20, 2023, the Company sold its assets held for sale, the King Air aircraft, for $2.3 million. The resultant gain on the sale of $162,000 is a reduction to selling, general and administrative expense in the quarter ended December 31, 2023.

Property and equipment

Property and equipment, net consists of the following:

    

June 30, 

    

September 30, 

2024

2023

Computer equipment

$

2,405,850

$

2,343,996

Furniture and office equipment

 

984,206

 

970,230

Manufacturing facility

 

6,198,690

 

5,926,584

Equipment

 

13,025,229

 

9,554,197

Land

 

1,021,245

 

1,021,245

 

23,635,220

 

19,816,252

Less accumulated depreciation and amortization

 

(12,045,013)

 

(11,923,825)

$

11,590,207

$

7,892,427

Depreciation and amortization related to property and equipment was $252,655 and $86,439 for the three-month periods ended June 30, 2024 and 2023, respectively.

Depreciation and amortization related to property and equipment was approximately $541,732 and $257,829 for the nine-month periods ended June 30, 2024 and 2023, respectively.

Other assets

Other assets consist of the following:

    

June 30, 

    

September 30, 

2024

2023

Operating lease right-of-use assets

$

5,282

$

15,065

Other non-current assets

 

540,698

 

176,657

$

545,980

$

191,722

Other non-current assets as of June 30, 2024 includes deferred ERP implementation costs, a supplier credit from one of our suppliers and a deposit for medical claims required under the Company’s medical plan. Other non-current assets as of September 30, 2023 includes a supplier credit from one of our suppliers, a deposit for medical claims required under the Company’s medical plan and an airplane hanger deposit. In addition, other non-current assets as of June 30, 2024 and September 30, 2023 includes $38,795 and $53,585, respectively, of prepaid software licenses that will be earned upon the shipment of a certain product to a customer. Other non-current assets amortization expense was $5,277 and $2,601 for the three-month periods ended June 30, 2024 and 2023, respectively. Other non-current assets amortization expense was $14,790 and $2,601 for the nine-month periods ended June 30, 2024 and 2023, respectively.

16

Accrued expenses

Accrued expenses consist of the following:

    

June 30, 

    

September 30, 

2024

2023

Warranty

$

550,081

$

562,645

Salary, benefits and payroll taxes

 

1,173,868

 

1,181,219

Professional fees

 

419,082

 

200,668

Operating lease

5,282

12,965

Income tax payable

116,697

Other

 

670,092

 

844,131

$

2,818,405

$

2,918,325

Warranty cost and accrual information for the three- and nine-month periods ended June 30, 2024 is highlighted below:

    

Three Months Ending

Nine Months Ended

    

June 30, 2024

    

June 30, 2024

Warranty accrual, beginning of period

$

574,971

$

562,645

Accrued expense

 

8,477

 

81,688

Warranty cost

 

(33,367)

 

(94,252)

Warranty accrual, end of period

$

550,081

$

550,081

3. Income Taxes

The Company will continue to assess all available evidence during future periods to evaluate any changes to the realization of its deferred tax assets. If the Company were to determine that it would be able to realize additional state deferred tax assets in the future, it would make an adjustment to the valuation allowance which would reduce the provision for income taxes.

As a result of the 2017 Tax Cuts and Jobs Act, the Company must amortize amounts paid or incurred for specified research and development expenditures, including software development expenses, ratably over 60 months, beginning at the mid-point of the tax year in which the expenditures are paid or incurred.

The effective tax rate for the three-month periods ended June 30, 2024 and 2023 were 17.6% and 19.3%, respectively. This effective tax rate differs from the statutory tax rate primarily due to an increased R&D credit, as well as permanent items and state taxes.

The effective tax rate for the nine-month periods ended June 30, 2024 and 2023 were 19.9% and 20.5%, respectively. This effective tax rate differs from the statutory tax rate primarily due to an increased R&D credit, as well as permanent items and state taxes.

4. Shareholders’ Equity and Share-Based Payments

At June 30, 2024, the Company’s Amended and Restated Articles of Incorporation provides the Company authority to issue 75,000,000 shares of common stock and 10,000,000 shares of preferred stock.

Share-Based Compensation

The Company accounts for share-based compensation under the provisions of ASC Topic 718, “Compensation – Stock Compensation”, by using the fair value method for expensing stock options and stock awards.

Amended and Restated 2019 Stock-Based Incentive Compensation Plan

The Company’s Amended and Restated 2019 Stock-Based Incentive Compensation Plan was approved by the Company’s shareholders at the Company’s Annual Meeting of Shareholders held on April 18, 2024, which amended and restated the 2019 Stock-Based Incentive Compensation Plan approved by the Company’s shareholders on April 2, 2019 (as Amended, the “Amended and Restated 2019 Plan”). The Amended and Restated 2019 Plan authorizes the grant of stock appreciation rights, restricted stock, options

17

and other equity-based awards. Options granted under the Amended and Restated 2019 Plan may be either “incentive stock options” as defined in section 422 of the Code or nonqualified stock options, as determined by the Compensation Committee.

Subject to an adjustment necessary upon a stock dividend, recapitalization, forward split or reverse split, reorganization, merger, consolidation, spin-off, combination, repurchase or share exchange, extraordinary or unusual cash distribution, or similar corporate transaction or event, the maximum number of shares of common stock available for awards under the Amended and Restated 2019 Plan is 1,950,000, plus the shares that were authorized to be granted but have not been issued under the Company’s 2009 Stock-Based Incentive Compensation Plan as of the effective date of the Amended and Restated 2019 Plan (i.e., April 18, 2024).

If any award is forfeited, terminates or otherwise is settled for any reason without an actual distribution of shares to the participant, the related shares of common stock subject to such award will again be available for future grant. Any shares tendered by a participant in payment of the exercise price of an option or the tax liability with respect to an award (including, in any case, shares withheld from any such award) will not be available for future grant under the Amended and Restated 2019 Plan. If there is any change in the Company’s corporate capitalization, the Compensation Committee must proportionately and equitably adjust the number and kind of shares of common stock which may be issued in connection with future awards, the number and kind of shares of common stock covered by awards then outstanding under the Amended and Restated 2019 Plan, the aggregate number and kind of shares of common stock available under the Amended and Restated 2019 Plan, any applicable individual limits on the number of shares of common stock available for awards under the Amended and Restated 2019 Plan, the exercise or grant price of any award, or if deemed appropriate, make provision for a cash payment with respect to any outstanding award. In addition, the Compensation Committee may make adjustments in the terms and conditions of any awards, including any performance goals, in recognition of unusual or nonrecurring events affecting the Company or any subsidiary, or in response to changes in applicable laws, regulations, or accounting principles.

The compensation expense related to stock options and awards issued to employees under the Amended and Restated 2019 Plan was $191,623 and $566,952 for the three- and nine-month periods ended June 30, 2024, respectively. The compensation expense related to stock options and awards issued to employees under the Amended and Restated 2019 Plan was $164,342 and $954,140 for the three- and nine-month periods ended June 30, 2023, respectively.

The compensation expense under the Amended and Restated 2019 Plan related to stock awards issued to non-employee members of the Board was $59,278 and $159,003 for the three- and nine-month periods ended June 30, 2024, respectively. The compensation expense under the Amended and Restated 2019 Plan related to stock awards issued to non-employee members of the Board was $49,742 and $276,515 for the three- and nine-month periods ended June 30, 2023, respectively.

Total compensation expense associated with the Amended and Restated 2019 Plan was $250,901 and $214,084 for the three-month periods ended June 30, 2024 and 2023, respectively. Total compensation expense associated with the Amended and Restated 2019 Plan was $725,955 and $1,230,655 for the nine-month periods ended June 30, 2024 and 2023, respectively.

At June 30, 2024, unrecognized compensation expense of approximately $2,165,328, net of forfeitures, related to non-vested stock options under the Amended and Restated 2019 Plan, will be recognized.

18

5. Earnings Per Share

Three Months Ended June 30, 

Nine Months Ended June 30, 

    

2024

    

2023

    

2024

    

2023

    

Numerator:

Net income

$

1,552,520

$

1,423,379

$

3,818,186

$

3,393,133

Denominator:

Basic weighted average shares

 

17,461,652

 

17,576,969

 

17,455,903

 

17,415,358

Dilutive effect of share-based awards

 

5,607

 

619

 

20,186

 

3,907

Diluted weighted average shares

 

17,467,259

 

17,577,588

 

17,476,089

 

17,419,265

Net income per common share:

Basic

$

0.09

$

0.08

$

0.22

$

0.19

Diluted

$

0.09

$

0.08

$

0.22

$

0.19

Net income per share is calculated pursuant to ASC Topic 260, “Earnings per Share”. Basic earnings per share (“EPS”) excludes potentially dilutive securities and is computed by dividing net income by the weighted average number of common shares outstanding for the period. Diluted EPS is computed assuming the conversion or exercise of all dilutive securities such as employee stock options and restricted stock units (“RSUs”).

The number of incremental shares from the assumed exercise of stock options and RSUs is calculated by using the treasury stock method. As of June 30, 2024 and 2023, there were 361,613 and 128,815 options to purchase common stock outstanding, respectively, and 250,975 and 76,636 shares subject to vesting of restricted stock units outstanding, respectively. The average outstanding diluted shares calculation excludes options with an exercise price that exceeds the average market price of shares during the period.

For the three-month periods ended June 30, 2024 and 2023, respectively, 529,918 and 312,210 diluted weighted-average shares outstanding were excluded from the computation of diluted EPS because the effect would be anti-dilutive.

For the nine-month periods ended June 30, 2024 and 2023, respectively, 329,026 and 196,577 diluted weighted-average shares outstanding were excluded from the computation of diluted EPS because the effect would be anti-dilutive.

6. Commitments and Contingencies

In the ordinary course of business, the Company is at times subject to various legal proceedings and claims. The Company does not believe any such matters that are currently pending will, individually or in aggregate, have a material effect on the results of operations or financial position.

7. Related Party Transactions

In recent years, the Company has had sales to AML Global Eclipse, LLC (“Eclipse”), whose principal shareholder is also a principal shareholder in the Company. Prior balances are disclosed below for comparability.

Sales to Eclipse amounted to approximately $110,000 and $155,000 for the three-month periods ended June 30, 2024 and 2023, respectively. Sales to Eclipse amounted to approximately $203,000 and $231,000 for the nine-month periods ended June 30, 2024 and 2023, respectively.

A company in which Parizad Olver (Parchi), a former member of the Board of Directors, is the managing partner and has an ownership interest, received a consulting fee of $72,990 in November 2023 for services provided in connection with the sale of the Company’s 2008 Super King Air B200GT SN BY-50.

8. Leases

The Company accounts for leases in accordance with ASU 2016-02, “Leases” (“ASU 2016-02”), and records right-of-use assets and corresponding lease liabilities on the balance sheet for most leases with an initial term of greater than one year. Consistent with

19

previous accounting guidance, we will recognize payments for leases with a term of less than one year in the statement of operations on a straight-line basis over the lease term.

We lease real estate and equipment under various operating leases. A lease exists when a contract or part of a contract conveys the right to control the use of an identified asset for a period of time in exchange for consideration. In determining whether a lease exists, we consider whether a contract provides us with both: (a) the right to obtain substantially all of the economic benefits from the use of the identified asset and (b) the right to direct the use of the identified asset.

Some of our leases include base rental periods coupled with options to renew or terminate the lease, generally at our discretion. In evaluating the lease term, we consider whether we are reasonably certain to exercise such options. To the extent a significant economic incentive exists to exercise an option, that option is included within the lease term. However, based on the nature of our lease arrangements, options generally do not provide us with a significant economic incentive and are therefore excluded from the lease term for the majority of our arrangements.

Our leases typically include a combination of fixed and variable payments. Fixed payments are generally included when measuring the right-of-use asset and lease liability. Variable payments, which primarily represent payments based on usage of the underlying asset, are generally excluded from such measurement and expensed as incurred. In addition, certain of our lease arrangements may contain a lease coupled with an arrangement to provide other services, such as maintenance, or may require us to make other payments on behalf of the lessor related to the leased asset, such as payments for taxes or insurance. As permitted by ASU 2016-02, we have elected to account for these non-lease components together with the associated lease component if included in the lease payments. This election has been made for each of our asset classes.

The measurement of right-of-use assets and lease liabilities requires us to estimate appropriate discount rates. To the extent the rate implicit in the lease is readily determinable, such a rate is utilized. However, based on information available at lease commencement for our leases, the rate implicit in the lease is not known. In these instances, we utilize an incremental borrowing rate, which represents the rate of interest that we would pay to borrow on a collateralized basis over a similar term.

The following table presents the lease-related assets and liabilities reported in the Condensed Consolidated Balance Sheet as of June 30, 2024:

Classification on the Consolidated Balance Sheet on June 30, 2024

Assets

    

    

 

Operating leases

 

Other assets

$

5,282

Liabilities

 

  

 

  

Operating leases - current

 

Accrued expenses

$

5,282

Operating leases - noncurrent

 

Other liabilities

$

Total lease liabilities

 

  

$

5,282

Rent expense and cash paid for various operating leases in aggregate are $11,007 for the nine-month period ended June 30, 2024. The weighted average remaining lease term is 0.4 years and the weighted average discount rate is 5.0% as of June 30, 2024.

Future minimum lease payments under operating leases are as follows at June 30, 2024:

    

Twelve Months

    

Ending

Operating

    

June 30, 

    

Leases

2025

6,115

Total minimum lease payments

 

  

$

6,115

Amount representing interest

 

  

 

(833)

Present value of minimum lease payments

 

  

$

5,282

Current portion

 

  

 

5,282

Long-term portion of lease obligations

 

  

$

20

9. Loan Agreement

On June 28, 2023, the Company and one of its subsidiaries entered into an Amendment to Loan Documents (the “Loan Amendment”) with PNC Bank, National Association (“PNC”), which amends certain terms of that certain Loan Agreement entered into by the parties on May 11, 2023 (the “Loan Agreement” and, as amended, the “Amended Loan Agreement”) and (ii) a corresponding Term Note in favor of PNC (the “Term Note”), which together provide for a senior secured term loan in an aggregate principal amount of $20.0 million, with a maturity date of June 28, 2028. Availability of funds under the Term Loan was conditioned upon the closing of the transactions contemplated by the Amended Loan Agreement and was used to fund a portion of the Transaction. Under the agreement, the Company has the right to prepay any amounts outstanding at any time and from time to time, whole or in part; subject to payment of any break funding indemnification amounts.

The interest rate applicable to loans outstanding under the Term Loan is a floating interest rate equal to the sum of (A) the Term SOFR Rate (as defined in the Term Note) plus (B) an unadjusted spread of the Applicable SOFR Margin plus (C) a SOFR adjustment of ten basis points. The Applicable SOFR Margin ranges from 1.5% to 2.5% depending on the Company’s funded debt to EBITDA ratio. Commencing on June 30, 2023, the Term Loan will consist of sixty equal monthly principal installments, over a period of ten years, with the balance payable on the maturity date of the Term Loan.

In addition to providing for the Term Loan, the Loan Agreement, together with a corresponding Revolving Line of Credit Note in favor of PNC, executed May 11, 2023 (“Line of Credit Note”), provides for a senior secured revolving line of credit in an aggregate principal amount of $10,000,000, with an expiration date of May 11, 2028 (the “Revolving Line of Credit”).

The interest rate applicable to loans outstanding under the Revolving Line of Credit was a rate per annum equal to the sum of (A) Daily SOFR (as defined in the Line of Credit Note) plus (B) an unadjusted spread of Applicable SOFR Margin plus (C) a SOFR adjustment of ten basis points. The Applicable SOFR Margin ranges from 1.5% to 2.5% depending on the Company’s funded debt to EBITDA ratio. The Company will pay an annual commitment fee of 0.15% on the amount available for borrowing under the revolving credit facility.

On December 19, 2023, the Company and PNC entered into an Amendment to the Loan (the “Restated Loan Amendment”) and a corresponding Amended and Restated Revolving Line of Credit Note (“Restated Line of Credit Note”) and Amended and Restated Line of Credit and Investment Sweep Rider (the “Restated Rider”), to increase the aggregate principal amount available under the Company’s senior secured revolving line of credit from $10,000,000 to $30,000,000 and extend the maturity date until December 19, 2028. Under the terms of the Restated Rider, at the end of each business day any cash balance will be applied by PNC to the outstanding principal balance under the terms of the Restated Line of Credit Note. The proceeds of the Restated Line of Credit Note will be used for working capital and other general corporate purposes, for acquisitions as permitted under the Restated Loan Amendment and to pay off and close the loan evidenced by the Term Note.

The Interest rate applicable to loans outstanding under the Restated Line of Credit is a rate per annum equal to the sum of (A) Daily SOFR (as defined in the Restated Line of Credit Note) plus (B) an unadjusted spread of Applicable SOFR Margin (as defined in the Restated Line of Credit Note) plus (C) a SOFR adjustment of ten basis points. The Applicable SOFR Margin ranges from 1.5% to 2.5% depending on the Company’s funded debt to EBITDA ratio, as defined in the Restated Line of Credit Note.

The foregoing descriptions of the Restated Loan Amendment, Restated Line of Credit Note and Restated Rider do not purport to be complete and are qualified in their entirety by reference to the full text of the Restated Loan Amendment, Restated Line of Credit Note and Restated Rider, which are filed as Exhibit 10.1, Exhibit 10.2 and Exhibit 10.3, respectively, to the Current Report on Form 8-K filed December 22, 2023 and are incorporated herein by reference.

The Company was in compliance with all applicable covenants throughout the year and at June 30, 2024. The outstanding balance drawn on the Line of Credit was $9,859,074 at June 30, 2024.

10. Subsequent Events

On July 22, 2024, the Company entered into that certain Amendment No. 3 to Asset Purchase and License Agreement (the “Amendment”) with Honeywell.

Pursuant to the Amendment, Honeywell sold, assigned or licensed to the Company certain additional assets related to its communication and navigation product lines, including a sale of certain inventory and customer-related documents; an assignment of certain contracts; and a grant of exclusive and non-exclusive licenses to use certain Honeywell intellectual property related to its communication and navigation product lines to manufacture, upgrade and repair certain additional products for consideration of $4.2 million in cash. This Amendment complements the previously disclosed license and asset acquisition completed in June 2023 from Honeywell.

21

Item 2. Management’s Discussion and Analysis of Financial Condition and Results of Operations

CAUTIONARY STATEMENT REGARDING FORWARD-LOOKING STATEMENTS

This report contains forward-looking statements within the meaning of the federal securities laws. These forward-looking statements are based largely on current expectations and projections about future events and trends affecting the business, are not guarantees of future performance and involve a number of risks, uncertainties and assumptions that are difficult to predict. In this report, the words “anticipates,” “believes,” “may,” “will,” “estimates,” “continues,” “anticipates,” “intends,” “forecasts,” “expects,” “plans,” “could,” “should,” “would,” “is likely”, “projected”, “might”, “potential”, “preliminary”, “provisionally” and similar expressions, as they relate to the business or to its management, are intended to identify forward-looking statements, but they are not exclusive means of identifying them. Unless the context otherwise requires, all references herein to “IS&S,” the “Registrant,” the “Company,” “we,” “us” or “our” are to Innovative Solutions and Support, Inc. and its consolidated subsidiaries.

All forward-looking statements are based on management’s current expectations and beliefs concerning future developments and their potential effects on the Company. Many of the factors that will determine the Company’s future results are beyond the ability of management to control or predict. The forward-looking statements in this report are only predictions and actual events or results may differ materially. In evaluating such statements, a number of risks, uncertainties and other factors could cause actual results, performance, financial condition, cash flows, prospects and opportunities to differ materially from those expressed in, or implied by, the forward-looking statements. These risks, uncertainties and other factors include those set forth in Item 1A (Risk Factors) of our Annual Report on Form 10-K for the fiscal year ended September 30, 2023 and in Item 1A (Risk Factors) to Part II of this Quarterly Report on Form 10-Q, as well as the following factors:

market acceptance of the Company’s ThrustSense® full-regime Autothrottle, Vmca Mitigation, FPDS, NextGen Flight Deck and COCKPIT/IP® or other planned products or product enhancements;
continued market acceptance of the Company’s air data systems and products;
the competitive environment and new product offerings from competitors;
difficulties in developing, producing or improving the Company’s planned products or product enhancements;
the deferral or termination of programs or contracts for convenience by customers;
the ability to service the international market;
the availability of government funding;
the impact of general economic trends on the Company’s business;
disruptions in the Company’s supply chain, customer base and workforce;
the ability to gain, drive and sustain regulatory approval, including domestic and international certifications, of products in a timely manner;
delays in receiving components from third-party suppliers;
the bankruptcy or insolvency of one or more key customers;
protection of intellectual property rights;
the ability to respond to technological change;
failure to retain/recruit key personnel;
risks related to succession planning;
a cyber security incident;
risks related to our self-insurance program;
ability to successfully manage and integrate key acquisitions, mergers and other transactions, such as the recent asset acquisition of certain Inertial, Communication and Navigation product lines from Honeywell International, Inc., as well as the failure to realize expected synergies and benefits anticipated when we make an acquisition;
potential future acquisitions or dispositions;
the costs of compliance with present and future laws and regulations;
changes in law, including changes to corporate tax laws in the United States and the availability of certain tax credits; and
other factors disclosed from time to time in the Company’s filings with the United States Securities and Exchange Commission (the “SEC”).

Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date of this report. The Company does not undertake any obligation to publicly release any revisions to these forward-looking statements to reflect events, circumstances or changes in expectations after the date of this report, or to reflect the occurrence of unanticipated events. The

22

forward-looking statements in this document are intended to be subject to the safe harbor protection provided by Sections 27A of the Securities Act of 1933, as amended (the “Securities Act”) and 21E of the Securities Exchange Act of 1934, as amended (the “Exchange Act”).

Investors should also be aware that while the Company, from time to time, communicates with securities analysts, it is against its policy to disclose any material non-public information or other confidential commercial information. Accordingly, shareholders should not assume that the Company agrees with any statement or report issued by any analyst irrespective of the content of the statement or report. Furthermore, the Company has a policy against issuing or confirming financial forecasts or projections issued by others. Thus, to the extent that reports issued by securities analysts contain any projections, forecasts or opinions, such reports are not the responsibility of the Company.

Company Overview

Innovative Solutions and Support, Inc. was incorporated in Pennsylvania on February 12, 1988. The Company operates in one business segment as a systems integrator that designs, develops, manufactures, sells and services air data equipment, engine display systems, standby equipment, primary flight guidance, autothrottles and cockpit display systems for retrofit applications and original equipment manufacturers (“OEMs”). The Company supplies integrated flight management systems (“FMS”), flat panel display systems (“FPDS”), FPDS with autothrottle, air data equipment, integrated standby units, integrated standby units with autothrottle and advanced GPS receivers that enable reduced carbon footprint navigation, communication and navigation products and inertial reference units.

The Company has continued to position itself as a system integrator, which provides the Company with the capability and potential to generate more substantive orders over a broader product base. This strategy, as both a manufacturer and integrator, is designed to leverage the latest technologies developed for the computer and telecommunications industries into advanced and cost-effective solutions for the general aviation, commercial air transport, United States Department of Defense (“DoD”)/governmental and foreign military markets. This approach, combined with the Company’s industry experience, is designed to enable IS&S to develop high-quality products and systems, to reduce product time to market and to achieve cost advantages over products offered by its competitors.

The Company has been working with advances in technology to provide pilots with more information to enhance both the safety and efficiency of flying, and has developed its COCKPIT/IP® Cockpit Information Portal (“CIP”) product line, which incorporates proprietary technology, lower cost relative to the competition, reduced power consumption, decreased weight and increased functionality. The Company has incorporated Electronic Flight Bag (“EFB”) functionality, such as charting and mapping systems, into its FPDS product line.

The Company has developed an FMS that combines the savings long associated with in-flight fuel optimization in enroute flight management with the precision of satellite-based navigation required to comply with the regulatory environments of both domestic and international markets. The Company believes that its FMS, alongside its FPDS and CIP product lines, is well suited to address market demand driven by certain regulatory mandates, new technologies and the high cost of maintaining aging and obsolete equipment on aircraft that may be in service for up to fifty years. The shift in the regulatory and technological environment is illustrated by the dramatic increase in the number of Space Based Augmentation System (“SBAS”) or Wide Area Augmentation System (“WAAS”) approach qualified airports, particularly as realized through Localizer Performance with Vertical guidance (“LPV”) navigation procedures. Aircraft equipped with the Company’s FMS, FPDS and SBAS/WAAS/LPV enabled navigator, will be qualified to land at such airports and will comply with Federal Aviation Administration (“FAA”) mandates for Required Navigation Performance and Automatic Dependent Surveillance-Broadcast navigation. IS&S believes this will further increase the demand for the Company’s products. The Company’s FMS/FPDS product line is designed for new production and retrofit applications in general aviation, commercial air transport and military transport aircraft. In addition, the Company offers what we believe to be a state-of-the-art integrated standby unit, integrating the full functionality of the primary and navigation displays into a small backup-powered unit. This integrated standby unit builds on the Company’s legacy air data computer to form a complete next-generation cockpit display and navigation upgrade offering to the commercial and military markets.

The Company has developed and received certification from the FAA on its NextGen Flight Deck featuring its ThrustSense® Integrated PT6 Autothrottle (“ThrustSense® Autothrottle”) for retrofit in the Pilatus PC 12. The NextGen Flight Deck features Primary Flight and Multi-Function Displays and integrated standby units, as well as an Integrated FMS and EFB System. The innovative avionics suite includes dual flight management systems, autothrottles, synthetic vision and enhanced vision. The NextGen

23

Flight Deck enhanced avionics suite is available for integration into other business aircraft with full-authority digital engine control (“FADEC”) and non-FADEC engines.

The Company has developed its FAA-certified ThrustSense® Autothrottle for retrofit in the King Air, dual turbo prop PT6 powered aircraft. The ThrustSense® Autothrottle is designed to automate power management for speed and power control including go-around. ThrustSense® Autothrottle also ensures aircraft envelope protection and engine protection during all phases of flight, thereby reducing pilot workload and increasing safety. The Company has signed a multi-year agreement with Textron to supply ThrustSense® Autothrottle on the King Air 360 and King Air 260. ThrustSense® Autothrottle is also available for retrofit on King Air aircraft through Textron service centers and third-party service centers. The Company has also developed an FAA-certified safety mode feature for its King Air ThrustSense® Autothrottle, LifeGuard™, which provides critical Vmca protection that proportionally reduces engine power to maintain directional control during an engine-out condition.

The Company sells to both the OEM and the retrofit markets. Customers include various OEMs, commercial air transport carriers and corporate/general aviation companies, DoD and its commercial contractors, aircraft operators, aircraft modification centers, government agencies and foreign militaries. Occasionally, IS&S sells its products directly to DoD; however, the Company sells its products primarily to commercial customers for end use in DoD programs. Sales to defense contractors are generally made on commercial terms, although some of the termination and other provisions of government contracts are applicable to these contracts. The Company’s retrofit projects are generally pursuant to either a direct contract with a customer or a subcontract with a general contractor to a customer (including government agencies).

In June 2023, the Company entered into an Asset Purchase and License Agreement (as amended, the “Honeywell Agreement”) with Honeywell International, Inc. (“Honeywell”) pursuant to which Honeywell sold, assigned or licensed certain assets related to its inertial, communication and navigation product lines, including a sale of certain inventory, equipment and customer-related documents, an assignment of certain contracts and a grant of exclusive and non-exclusive licenses to use certain Honeywell intellectual property related to its inertial, communication and navigation product lines to repair, overhaul, manufacture sell, import, export and distribute certain products to the Company for cash consideration of $35.9 million. On July 22, 2024, the Company entered into Amendment No. 3 to the Honeywell Agreement (the “Amendment”). Pursuant to the Amendment, Honeywell sold, assigned or licensed to the Company certain additional assets related to its communication and navigation product lines, including a sale of certain inventory and customer-related documents; an assignment of certain contracts; and a grant of exclusive and non-exclusive licenses to use certain Honeywell intellectual property related to its communication and navigation product lines to manufacture, upgrade and repair certain additional products for consideration of $4.2 million in cash.

The exclusive licensing of these product lines from Honeywell enhances the Company’s current offerings in the air transport, military and business aviation markets. In addition, there are potential cost synergies from better utilization of the Company’s skilled engineering team and its existing operational capacity. The Company believes the Honeywell Agreement will help to accelerate the Company’s growth and enhance its global reputation for delivering some of the industry’s best price-for-performance value propositions.

Cost of sales related to product and service sales comprises materials, components and third-party avionics purchased from suppliers, direct labor and overhead costs. Many of the components are standard, although certain parts are manufactured to meet IS&S specifications. The overhead portion of cost of sales primarily comprises salaries and benefits, building occupancy costs, supplies and outside service costs related to production, purchasing, material control and quality control. Cost of sales also includes warranty costs.

Cost of sales related to Engineering Development Contracts (“EDC”) sales comprises engineering labor, consulting services and other costs associated with specific design and development projects. These costs are incurred pursuant to contractual arrangements and are accounted for typically as contract costs within cost of sales, with the reimbursement accounted for as a sale in accordance with the percentage-of-completion method or completed contract method of accounting. Company funded research and development (“R&D”) expenditures relate to internally-funded efforts for the development of new products and the improvement of existing products. These costs are expensed as incurred and reported as R&D expenses. The Company intends to continue investing in the development of new products that complement current product offerings and to expense associated R&D costs as they are incurred.

Selling, general and administrative expenses consist of sales, marketing, business development, professional services, salaries and benefits for executive and administrative personnel, facility costs, recruiting, legal, accounting and other general corporate expenses.

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The Company sells its products to agencies of the United States and foreign governments, aircraft operators, aircraft modification centers and OEMs. Customers have been and may continue to be affected by changes in economic conditions both in the United States and abroad. Such changes may cause customers to curtail or delay their spending on both new and existing aircraft. Factors that can impact general economic conditions and the level of spending by customers include, but are not limited to, general levels of consumer spending, increases in fuel and energy costs, conditions in the real estate and mortgage markets, labor and healthcare costs, access to credit, consumer confidence, inflation, public health crises and pandemics, and other macroeconomic factors that affect spending behavior. Furthermore, spending by government agencies may be reduced in the future. If customers curtail or delay their spending or are forced to declare bankruptcy or liquidate their operations because of adverse economic conditions, the Company’s revenues and results of operations would be affected adversely. For example, in the 2020 fiscal year, certain of the Company’s customers temporarily suspended product deliveries as a result of the COVID-19 pandemic, and while these deliveries subsequently resumed, there is a possibility that similar pandemics will result in other suspensions, delays or order cancellations by the Company’s customers or suppliers.

Environmental, Social and Governance Considerations

In recent years, environmental, social and governance (“ESG”) issues have become an increasing area of focus for some of our shareholders, customers and suppliers. Management and the Company’s Board of Directors are committed to identifying, assessing and understanding the potential impact of ESG issues and related risks on the Company’s business model, as well as potential areas of improvement.

We are committed to recruiting, motivating and developing a diversity of talent. We are an equal opportunity employer and a Vietnam Era Veterans’ Readjustment Assistance Act federal contractor. All qualified applicants receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, disability status, protected veteran status, or any other characteristic protected by law.

The nature of our business also supports long-term sustainability. Historically, a majority of the Company’s sales have come from the retrofit market, in which the Company, by making upgrades to improve the functionality and safety of existing machinery, facilitates the re-use and recycling of aircraft and equipment that might otherwise be scrapped as obsolete. The Company’s GPS receivers also facilitate reduced carbon footprint navigation. The Company also plans to enhance its focus on the environmental impact of its operations.

Critical Accounting Policies and Estimates

The discussion and analysis of financial condition and consolidated results of operations are based upon the Company’s condensed consolidated financial statements, which have been prepared in accordance with generally accepted accounting principles in the United States (“U.S. GAAP”). The preparation of these condensed consolidated financial statements requires estimates and assumptions that affect the reported amounts of assets, liabilities, sales and expenses and related disclosure of contingent assets and liabilities. Management has determined that the most critical accounting policies and estimates are those related to revenue recognition, inventory valuation and valuation of tangible and intangible assets acquired. On an ongoing basis, the Company’s management evaluates its estimates based upon historical experience and various other assumptions that it believes to be reasonable in the circumstances, the results of which form the basis for making judgments about the carrying values of assets and liabilities that are not readily apparent from other sources. Actual results may differ from these estimates.

The Company believes that its critical accounting policies affect its more significant estimates and judgments used in the preparation of its condensed consolidated financial statements. The Annual Report on Form 10-K for the fiscal year ended September 30, 2023 contains a discussion of these critical accounting policies. There have been no material changes in the Company’s critical accounting policies since September 30, 2023. See also Note 1 to the unaudited condensed consolidated financial statements for the three- and nine-month periods ended June 30, 2024 as set forth herein.

25

RESULTS OF OPERATIONS FOR THE THREE AND NINE MONTHS ENDED

JUNE 30, 2024 AND 2023

The following table sets forth the statements of operations data expressed as a percentage of total net sales for the periods indicated (some items may not add due to rounding):

    

Three Months Ended June 30, 

Nine Months Ended June 30, 

    

    

2024

    

2023

    

2024

    

2023

    

    

Net sales:

Product

43.6

%  

82.6

%  

45.4

%  

80.7

%  

Customer service

54.5

%  

16.6

%  

49.5

%  

17.3

%  

Engineering development contracts

2.0

%  

0.8

%  

5.1

%  

2.0

%  

Total net sales

100.0

%  

100.0

%  

100.0

%  

100.0

%  

Cost of sales:

 

  

 

 

  

 

Product

17.9

%  

35.6

%  

19.6

%  

34.2

%  

Customer service

26.4

%  

4.7

%  

22.9

%  

5.0

%  

Engineering development contracts

2.4

%  

0.3

%  

2.8

%  

0.4

%  

Total cost of sales

46.6

%  

40.5

%  

45.4

%  

39.5

%  

Gross profit

53.4

%  

59.5

%  

54.6

%  

60.5

%  

Operating expenses:

 

  

 

 

  

 

Research and development

9.3

%  

10.7

%  

9.5

%  

10.9

%  

Selling, general and administrative

26.7

%  

30.1

%  

28.5

%  

32.6

%  

Total operating expenses

36.1

%  

40.8

%  

38.0

%  

43.5

%  

Operating income

17.3

%  

18.7

%  

16.6

%  

17.0

%  

Interest expense

(1.5)

%  

%  

(2.2)

%  

%

Interest income

0.0

%  

2.3

%  

0.4

%  

2.0

%  

Other income

0.1

%  

1.1

%  

0.2

%  

0.6

%  

Income before income taxes

16.0

%  

22.2

%  

15.0

%  

19.6

%  

Income tax expense

2.8

%

4.3

%

3.0

%

4.0

%

Net income

13.2

%  

17.9

%  

12.0

%  

15.6

%  

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Three Months Ended June 30, 2024 Compared to the Three Months Ended June 30, 2023

Net sales. Net sales were $11,765,635 for the three months ended June 30, 2024 compared to $7,959,208 for the three months ended June 30, 2023, an increase of 47.8%. Product sales decreased $1,448,355, or 22.0%, and customer service sales increased $5,090,747, or 386.2% in the three months ended June 30, 2024, as compared to the prior year quarter. The decrease in product sales for the three months ended June 30, 2024 compared to the prior year quarter was primarily the result of reduced shipments of displays for retrofit programs to commercial air transport customers, partially offset by an increase of shipments of displays to general aviation and military customers. The increase in customer service sales primarily reflects customer service sales of the product lines acquired from Honeywell. EDC sales increased $164,035 in the three months ended June 30, 2024 compared to the year-ago quarter, reflecting increased EDC business.

Cost of sales. Cost of sales increased by $2,261,252, or 70.1%, to $5,485,814, or 46.6% of net sales, in the three months ended June 30, 2024, compared to $3,224,562, or 40.5% of net sales, in the three months ended June 30, 2023. The increase in cost of sales was primarily the result of an increase in customer service sales volume for the three months ended June 30, 2024 compared to the three months ended June 30, 2023. The Company’s overall gross margin was 53.4% and 59.5% for the three months ended June 30, 2024 and 2023, respectively. This decrease in overall gross margin percentage for the three months ended June 30, 2024 is primarily the result of changes in product mix and higher unit manufacturing costs, which resulted principally from production inefficiencies and lower manufacturing utilization due to new products in development and the Honeywell integration.

Research and development. R&D expenses were $1,099,367, an increase of $248,071, or 29.1%, in the three months ended June 30, 2024 from $851,296 in the three months ended June 30, 2023. This increase in R&D expenses was the result of higher salaries and benefits due to higher headcount. As a percentage of net sales, R&D expenses decreased to 9.3% of net sales for the three months ended June 30, 2024 from 10.7% of net sales for the three months ended June 30, 2023.

Selling, general and administrative. Selling, general and administrative expenses were $3,143,334, an increase of $747,620, or 31.2%, in the three months ended June 30, 2024 from $2,395,714 in the three months ended June 30, 2023. The overall increase in selling, general and administrative expense in the quarter ended June 30, 2024, was primarily the result of increases in consulting and legal fees of $175,278 primarily due to the Transaction and increased costs of $233,678 as a result of the recruitment of a new CFO. In addition, the Company incurred amortization expense of $611,125 related to the customer relationships intangible asset resulting from the Transaction. As a percentage of net sales, selling, general and administrative expenses were 26.7% in the three months ended June 30, 2024 compared to 30.1% for the prior year period.

Interest expense. Interest expense was $172,784 for the three months ended June 30, 2024 resulting from borrowings under the Company’s debt facility with PNC. There was no interest expense for the three months ended June 30, 2023 as the Company had no debt during the period.

Interest income. Interest income decreased by $179,826 to $5,826 in the three months ended June 30, 2024 from $185,652 in the three months ended June 30, 2023, mainly as a result of decreased cash balances during the current year period compared to the same period in the prior year.

Other income. Other income decreased by $77,180 to $12,869 in the three months ended June 30, 2024 from $90,049 in the three months ended June 30,2023 and is mainly composed of royalties earned.

Income tax expense. The income tax expense for the three months ended June 30, 2024 was $330,511 as compared to an income tax expense of $339,958 for the three months ended June 30, 2023.

The effective tax rate for the three-month period ended June 30, 2024 was 17.6% and differs from the statutory tax rate primarily due to an increased R&D credit, as well as permanent items and state taxes.

The effective tax rate for the three-month period ended June 30, 2023 was 19.3% and differs from the statutory tax rate primarily due to an increased R&D credit, as well as permanent items and state taxes.

Net income. The Company reported net income for the three months ended June 30, 2024 of $1,552,520 as compared to net income of $1,423,379 for the three months ended June 30, 2023. On a diluted basis, the net income per share was $0.09 for the three months ended June 30, 2024 compared to net income per share of $0.08 for the three months ended June 30, 2023.

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Nine Months Ended June 30, 2024 Compared to the Nine Months Ended June 30, 2023

Net sales. Net sales were $31,813,214 for the nine months ended June 30, 2024 compared to $21,815,917 for the nine months ended June 30, 2023, an increase of 45.8%. Product sales decreased $3,162,016 or 18.0% and customer service sales increased $11,959,764 or 316.8% for the nine months ended June 30, 2024, as compared to the year ago period. The decrease in product sales for the nine months ended June 30, 2024 was primarily the result of reduced shipments of displays for retrofit programs to commercial air transport customers partially offset by an increase of shipments of displays to general aviation and military customers. The increase in customer service sales for the nine months ended June 30, 2024 primarily reflects customer service sales of the product lines acquired from Honeywell. EDC sales increased $1,199,549, or 277.4% for the nine months ended June 30, 2024, compared to the year-ago period reflecting increased EDC business.

Cost of sales. Cost of sales increased by $5,810,551, or 67.4%, to $14,427,868, or 45.4% of net sales, in the nine months ended June 30, 2024, compared to $8,617,317 or 39.5% of net sales, in the nine months ended June 30, 2023. The increase in cost of sales was primarily the result of an increase in customer service sales volume for the nine months ended June 30, 2024 compared to the nine months ended June 30, 2023. The Company’s overall gross margin was 54.6% and 60.5% for the nine months ended June 30, 2024 and 2023, respectively. This decrease in overall gross margin percentage for the nine months ended June 30, 2024 is primarily the result of changes in product mix and higher unit manufacturing costs, which resulted principally from production inefficiencies and lower manufacturing utilization due to new products in development and the Honeywell integration.

Research and development. R&D expenses were $3,031,630 an increase of $643,691, or 27.0%, in the nine months ended June 30, 2024 from $2,387,939 in the nine months ended June 30, 2023. This increase in R&D expenses were due to higher salaries and benefits due to higher headcount. As a percentage of net sales, R&D expense decreased to 9.5% of net sales for the nine months ended June 30, 2024 compared to 10.9% for the prior year period.

Selling, general and administrative. Selling, general and administrative expenses were $9,058,347, an increase of $1,954,135, or 27.5%, in the nine months ended June 30, 2024 from 7,104,212 in the nine months ended June 30, 2023. The overall increase in selling, general and administrative expense in the quarter ended June 30, 2024 was primarily the result of increases in consulting and legal fees of $517,352 primarily due to the Transaction and increased costs of $612,907 as a result of the recruitment of a new CFO and other corporate initiatives. In addition, the Company incurred amortization expense of $1,437,232 related to the customer relationships intangible asset resulting from the Transaction These increases were partially offset by the $162,000 gain from the sale of the Company’s King Air aircraft. As a percentage of net sales, selling, general and administrative expenses were 28.5% in the nine months ended June 30, 2024 compared to 32.6% for the prior year period.

Interest expense. Interest expense was $704,267 for the nine months ended June 30, 2024 resulting from borrowings under the Company’s debt facility with PNC. There was no interest expense in the nine months ended June 30, 2023 as the Company had no debt during the period.

Interest income. Interest income decreased by $310,990 to $121,505 in the nine months ended June 30, 2024 from $432,495 in the nine months ended June 30, 2023, mainly as a result of decreased cash balances during the current year period compared to the same period in the prior year.

Other income. Other income decreased by $74,464 to $57,040 in the three months ended June 30, 2024 from $131,504 in the three months ended June 30, 2023 and is mainly composed of royalties earned.

Income tax expense. The income tax expense for the nine months ended June 30, 2024 was $951,461 as compared to an income tax expense of $877,315 for the nine months ended June 30, 2023.

The effective tax rate for the nine-month period ended June 30, 2024 was 19.9% and differs from the statutory tax rate primarily due to an increased R&D credit, as well as permanent items and state taxes.

The effective tax rate for the nine-month period ended June 30, 2023 was 20.5% and differs from the statutory tax rate primarily due to increased R&D tax credits, permanent items and state taxes.

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Net income. The Company reported net income for the nine months ended June 30, 2024 of $3,818,186 as compared to net income of $3,393,133 for the nine months ended June 30, 2023. On a diluted basis, the net income per share was $0.22 for the nine months ended June 30, 2024 compared to net income per share of $0.19 for the nine months ended June 30, 2023.

Liquidity and Capital Resources

The following table highlights key financial measurements of the Company:

June 30, 

September 30, 

    

2024

    

2023

Cash and cash equivalents

$

521,041

$

3,097,193

Accounts receivable

$

7,329,662

$

9,743,714

Current assets

$

26,372,873

$

34,673,703

Current liabilities

$

16,152,889

$

6,398,959

Contract liability

$

131,534

$

143,359

Other non-current liabilities

$

448,931

$

17,921,508

Quick ratio (1)

 

0.49

 

2.01

Current ratio (2)

 

1.63

 

5.42

    

Nine Months Ended June 30, 

    

2024

    

2023

Cash flow activities:

 

  

 

  

 

Net cash provided by operating activities

$

5,350,891

$

937,925

Net cash provided by (used in) investing activities

 

1,713,883

 

(36,025,084)

Net cash (used in) provided by financing activities

 

(9,640,926)

 

20,408,846

(1)Calculated as: the sum of cash and cash equivalents plus accounts receivable, net, divided by current liabilities.
(2)Calculated as: current assets divided by current liabilities.

The Company’s principal source of liquidity has been cash flows from current year operations and cash accumulated from prior years’ operations, supplemented with borrowings under our term loan and revolving credit facility. Cash is used principally to finance inventory, accounts receivable, contract assets, payroll, debt service and acquisitions, as well as the Company’s known contractual and other commitments (including those described in Note 8, “Leases”). The Company’s existing cash balances and anticipated cash flows from operations, together with borrowings under our term loan and revolving credit facility, are expected to be adequate to satisfy the Company’s liquidity needs for at least the next 12 months. Apart from what has been disclosed in this Management’s Discussion and Analysis, management is not aware of any trends, events or uncertainties that have had or are likely to have a material impact on our liquidity, financial condition and capital resources.

The declaration and payment of any dividend in the future will be at the discretion of the Company’s Board of Directors.

Debt Facility

On December 19, 2023, the Company and PNC entered into an Amendment to Loan Documents (the “Restated Loan Amendment”) and a corresponding Amended and Restated Revolving Line of Credit Note (“Restated Line of Credit Note”) and Amended and Restated Line of Credit and Investment Sweep Rider (the “Restated Rider”), to increase the aggregate principal amount available under the Company’s senior secured revolving line of credit from $10,000,000 to $30,000,000 and extend the maturity date until December 19, 2028. The proceeds of the Restated Line of Credit Note will be used for working capital and other general corporate purposes, for acquisitions as permitted under the Restated Loan Amendment and to pay off and close the loan evidenced by that certain Term Note executed in favor of PNC, dated June 28, 2023, which provided for a senior secured term loan in an aggregate principal amount of $20,000,000, with a maturity date of June 28, 2028 (the “Term Note”).

The interest rate applicable to loans outstanding under the Restated Line of Credit is a rate per annum equal to the sum of (A) Daily SOFR (as defined in the Restated Line of Credit Note) plus (B) an unadjusted spread of Applicable SOFR Margin (as defined in the Restated Line of Credit Note) plus (C) a SOFR adjustment of ten basis points. The Applicable SOFR Margin ranges from 1.5% to 2.5% depending on the Company’s funded debt to EBITDA ratio, as defined in the Restated Line of Credit Note.

29

Stifel Sales Agreement

On September 22, 2023, the Company entered into an at-the-market equity offering Sales Agreement (the “ATM Sales Agreement”) with Stifel, Nicolaus & Company, Incorporated (the “Sales Agent”), pursuant to which the Company may offer and sell from time to time through the Sales Agent up to $40 million of shares of its common stock. The shares will be offered and sold pursuant to the Company’s shelf registration statement on Form S-3 (File No. 333-267595), which was declared effective by the SEC on October 14, 2022. The Company filed a prospectus supplement, dated September 22, 2023, with the SEC in connection with the offer and sale of the shares. Subject to the terms and conditions of the ATM Sales Agreement, the Sales Agent will use commercially reasonable efforts to sell shares of the Company’s common stock from time to time, based upon the Company’s instructions. The Company is not obligated to sell any shares under the ATM Sales Agreement and the Company or the Sales Agent may at any time suspend solicitation and offers under the ATM Sales Agreement or terminate the ATM Sales Agreement. The Company has provided the Sales Agent with customary indemnification rights and the Sales Agent will be entitled to compensation for its services of up to 3.0% of the gross sales price per share of the shares of the Company’s common stock sold through the Sales Agent. Sales of the shares of the Company’s common stock, if any, under the ATM Sales Agreement may be made in transactions that are deemed to be “at the market offerings” as defined in Rule 415 under the Securities Act, including sales made directly on or through Nasdaq or any other existing trading market for the Company’s common stock, in negotiated transactions at market prices prevailing at the time of sale or at prices related to such prevailing market prices and/or any other method permitted by law.

During the year ended September 30, 2023 and the three- and nine-month periods ended June 30, 2024, we did not sell any shares of common stock under the ATM Sales Agreement.

Operating activities

Net cash provided by operating activities was $5.4 million for the nine-month period ended June 30, 2024 and consisted primarily of funding from net income of $3.8 million and changes in working capital.

Net cash provided by operating activities was $0.9 million for the nine-month period ended June 30, 2023 and consisted primarily of funding from net income of $3.4 million, offset by an increase in accounts receivable of $1.6 million and a decrease in accrued expenses of $0.9 million.

Investing activities

Net cash provided by investing activities was $1.7 million for the nine-month period ended June 30, 2024 and consisted primarily of proceeds of $2.2 million from the sale of the Company’s King Air aircraft, offset by purchases of $0.5 million of equipment and computer hardware.

Net cash used in investing activities was $36.0 million for the nine-month period ended June 30, 2023 and consisted primarily of the payment for the Transaction.

Financing activities

Net cash used in financing activities was $9.6 million for the nine-month period ended June 30, 2024 and consisted of payments against the Company’s line of credit.

Net cash provided by financing activities was $20.4 million for the nine-month period ended June 30, 2023 and consisted of proceeds from the Term Note of $20.0 million and the exercise of stock options.

Summary

Future capital requirements depend upon numerous factors, including market acceptance of the Company’s products, the timing and rate of expansion of business, acquisitions, joint ventures and other factors. IS&S has experienced increases in expenditures since its inception and anticipates that expenditures will continue in the foreseeable future. The Company believes that its cash and cash equivalents will provide sufficient capital to fund operations for at least the next twelve months. However, the Company may need to develop and introduce new or enhanced products, respond to competitive pressures, invest in or acquire businesses or technologies, or

30

respond to unanticipated requirements or developments. If insufficient funds are available, the Company may not be able to introduce new products or compete effectively.

Backlog

Backlog represents the value of contracts and purchase orders, less the revenue recognized to date on those contracts and purchase orders. Backlog activity for the nine-month period ended June 30, 2024:

Three Months Ended

Nine Months Ended

    

June 30, 2024

    

Backlog, beginning of period

$

10,432,682

$

13,450,881

Plus: bookings during period, net

 

10,599,505

 

27,628,885

Less: sales recognized during period

 

(11,765,635)

 

(31,813,214)

Backlog, end of period

$

9,266,552

$

9,266,552

At June 30, 2024, the majority of the Company’s backlog is expected to be filled within the next twelve months. To the extent new business orders do not continue to equal or exceed sales recognized in the future from the Company’s existing backlog, future operating results may be impacted negatively.

Off-Balance Sheet Arrangements

The Company has no relationships with unconsolidated entities or financial partnerships, such as Special Purpose Entities or Variable Interest Entities, established for the purpose of facilitating off-balance sheet arrangements or other limited purposes.

Item 3. Quantitative and Qualitative Disclosures About Market Risk

The Company’s operations are exposed to market risks primarily as a result of changes in interest rates. The Company does not use derivative financial instruments for speculative or trading purposes. The Company’s exposure to market risk for changes in interest rates relates to its cash equivalents. The Company’s cash equivalents consist of funds invested in money market accounts, which bear interest at a variable rate. The Company does not participate in interest rate hedging. Cash balances are maintained with two major banks. Balances on deposit with certain money market accounts and operating accounts may exceed the Federal Deposit Insurance Corporation limits. A change in interest rates earned on the cash equivalents would impact interest income and cash flows but would not impact the fair market value of the related underlying instruments. Assuming that the balances during the nine-month period ended June 30, 2024 were to remain constant and the Company did not act to alter the existing interest rate sensitivity, a hypothetical 1% increase in variable interest rates would have affected interest income by approximately $15,618 with a resulting impact on cash flows of approximately $15,618 for the nine-month period ended June 30, 2024.

Item 4. Controls and Procedures

Evaluation of Disclosure Controls and Procedures

We carried out an evaluation under the supervision and with the participation of our management, including our Chief Executive Officer and Chief Financial Officer, of the effectiveness of the design and operation of our disclosure controls and procedures, as such term is defined under Rule 13a-15(e) promulgated under the Exchange Act. Based on that evaluation, our Chief Executive Officer and Chief Financial Officer concluded that these controls and procedures were effective as of June 30, 2024 to provide reasonable assurance that information required to be disclosed by us in the reports that we file or submit under the Exchange Act is recorded, processed, summarized and reported, within the time periods specified in the rules and forms of the Securities and Exchange Commission and that such information is accumulated and communicated to our management including our Chief Executive Officer and Chief Financial Officer, as appropriate, to allow timely decisions regarding required disclosure.

31

Changes in Internal Control over Financial Reporting

There were no changes in the Company’s internal control over financial reporting (as defined in Rules 13a-15(f) and 15d-15(f) under the Exchange Act) identified in connection with the evaluation of such controls that occurred during the fiscal quarter ended June 30, 2024 that have materially affected, or are reasonably likely to materially affect, the Company’s internal control over financial reporting.

PART II–OTHER INFORMATION

Item 1. Legal Proceedings

In the ordinary course of business, the Company is at times subject to various legal proceedings and claims. There can be no assurance that we will prevail in any such litigation. The Company does not believe any such matters that are currently pending will, individually or in aggregate, have a material effect on the results of operations or financial position.

Item 1A. Risk Factors

For information regarding the Company’s risk factors, refer to the “Risk Factors” in Part I, Item 1A of the Company’s Annual Report on Form 10-K for the year ended September 30, 2023, filed with the Securities and Exchange Commission on January 12, 2024 (the “Form 10-K”), as amended on January 29, 2024. There have been no material changes in our risk factors as previously disclosed in Part I, Item 1A of the Form 10-K.

Item 2. Unregistered Sales of Equity Securities and Use of Proceeds

Unregistered Sales of Equity Securities

There were no unregistered sales of equity securities during the quarter ended June 30, 2024.

Use of Proceeds

Not applicable.

Purchase of Equity Securities

We did not repurchase shares of our common stock during the quarter ended June 30, 2024.

Item 3. Defaults upon Senior Securities

None.

Item 4. Mine Safety Disclosures

Not applicable.

Item 5. Other Information

Rule 10b5-1 Trading Plans

During the quarter ended June 30, 2024, no executive officer or director of the Company adopted or terminated any contract, instruction, or written plan for the purchase or sale of securities of the Company’s common stock that was intended to satisfy the affirmative defense conditions of Securities Exchange Act Rule 10b5-1(c) or any “non-Rule 10b5-1 trading arrangement” as defined in 17 CFR § 229.408(c).

32

Item 6. Exhibits

(a) Exhibits

2.1*

Asset Purchase and License Agreement, dated June 30, 2023, by and between Innovative Solutions and Support, Inc. and Honeywell International Inc.(1)

2.2

Amendment No. 1, dated October 12, 2023, to Asset Purchase and License Agreement by and between Innovative Solutions and Support, Inc. and Honeywell International Inc., dated June 30, 2023, filed herewith.

2.3

Amendment No. 2, dated March 23, 2024, to Asset Purchase and License Agreement by and between Innovative Solutions and Support, Inc. and Honeywell International Inc., dated June 30, 2023, filed herewith.

2.4*

Amendment No. 3, dated July 22, 2024, to Asset Purchase and License Agreement by and between Innovative Solutions and Support, Inc. and Honeywell International Inc., dated June 30, 2023, filed herewith.

3.1

Amended and Restated Articles of Incorporation of Innovative Solutions and Support, Inc. (2)

3.2

Articles of Amendment, filed April 17, 2023, to the Articles of Incorporation of Innovative Solutions and Support, Inc. (3)

3.3

Amended and Restated Bylaws of Innovative Solutions and Support, Inc. (4)

10.1**

Innovative Solutions and Support, Inc. Amended and Restated 2019 Stock-Based Incentive Compensation Plan, filed herewith.

10.2**

Restricted Stock Unit Award Agreement, dated June 19, 2024, by and between Jeffrey DiGiovanni and Innovative Solutions and Support, Inc. (5)

10.3**

Change in Control Agreement, dated June 20, 2024, by and between Jeffrey DiGiovanni and Innovative Solutions and Support, Inc. (6)

18

Preferability Letter from Grant Thornton LLP, filed herewith.

31.1

Certification of Chief Executive Officer Pursuant to Rule 13a-14(a), filed herewith.

31.2

Certification of Chief Financial Officer Pursuant to Rule 13a-14(a), filed herewith.

32.1

Certification Pursuant to U.S.C. Section 1350, as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, furnished herewith. This certification is not deemed filed with the Securities and Exchange Commission for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liability of that section, nor shall it be deemed incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended, whether made before or after the date hereof, irrespective of any general incorporation language contained in such filing.

101.INS

Inline XBRL Instance Document - the instance document does not appear in the Interactive Data File as its XBRL tags are embedded within the Inline XBRL document.

101.SCH

Inline XBRL Taxonomy Extension Schema With Embedded Linkbase Documents.

104

Cover Page Interactive Data File (formatted as inline XBRL and contained in Exhibit 101).

(1)

Incorporated by reference to Exhibit 2.1 to the Company’s Current Report on Form 8-K filed with the SEC on July 7, 2023, SEC File Number 001-41503.

33

(2)

Incorporated by reference to Exhibit 3.1 to the Company’s Current Report on Form 8-K filed with the SEC on September 19, 2007, SEC File Number 000-31157.

(3)

Incorporated by reference to Exhibit 3.3 to the Company’s Current Report on Form 8-K filed with the SEC on April 18, 2023, SEC File Number 001-41503.

(4)

Incorporated by reference to Exhibit 3.1 to the Company’s Current Report on Form 8-K filed with the SEC on May 1, 2018, SEC File Number 000-31157.

(5)

Incorporated by reference to Exhibit 10.1 to the Company’s Current Report on Form 8-K filed with the SEC on June 20, 2024, SEC File Number 001-41503.

(6)

Incorporated by reference to Exhibit 10.2 to the Company’s Current Report on Form 8-K filed with the SEC on June 20, 2024, SEC File Number 001-41503.

*Schedules and exhibits have been omitted pursuant to Item 601(a)(5) of Regulation S-K. The Company will furnish supplementally a copy of any omitted schedule or exhibit to the SEC upon request.

**Denotes compensatory plan or arrangement.

34

SIGNATURE

Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.

INNOVATIVE SOLUTIONS AND SUPPORT, INC.

Date: August 14, 2024

By:

/s/ Jeffrey DiGiovanni

Jeffrey DiGiovanni

Chief Financial Officer

(on behalf of Registrant and as Principal Financial Officer and Principal Accounting Officer)

35

CERTAIN INFORMATION HAS BEEN EXCLUDED FROM THIS EXHIBIT BECAUSE IT IS BOTH IMMATERIAL AND THE TYPE OF INFORMATION THAT INNOVATIVE SOLUTIONS AND SUPPORT, INC. TREATS AS CONFIDENTIAL. ACCORDINGLY, SUCH INFORMATION HAS BEEN OMITTED AND REPLACED WITH “[***]”.

AMENDMENT NO. 1

to

ASSET PURCHASE AND LICENSE AGREEMENT

between

HONEYWELL INTERNATIONAL INC.

and

INNOVATIVE SOLUTIONS AND SUPPORT, INC.

________________________________

Honeywell International Inc., a Delaware corporation (“Seller”) and Innovative Solutions and Support, Inc., a Pennsylvania corporation, (“Purchaser”) entered into an Asset Purchase and License Agreement, dated June 30, 2023, (the “Main Agreement”).

The Parties now desire to amend the Main Agreement by this Amendment No. 1 (this “Amendment”, and thereafter referred to together with the Main Agreement as the “Agreement”) as entered into as of the date of last signature below (the “Effective Date”) as follows:

AMENDMENT

1.The following part numbers are hereby removed from Schedule 2.1(a)(ii), Non-Exclusive Licensed Products of the Main Agreement:

[***]

2.The last sentence of Section 2(b), Reporting & Payments, of Schedule C of the Transition Services Agreements (Exhibits B and C of the Main Agreement), is hereby deleted in its entirety and replaced with the following:

Purchaser will invoice Seller for the NET of revenue amount owed to Purchaser less any fees (COS) owed to Seller, as detailed in the report.

IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed as of the date first written above by their respective officers thereunto duly authorized.

INNOVATIVE SOLUTIONS AND SUPPORT, INC.

Signature: ​ ​

Name:​ ​

Title:​ ​

Date:​ ​

HONEYWELL INTERNATIONAL INC.

Signature: ​ ​

Name:​ ​

Title: ​ ​

Date:​ ​


Honeywell International Inc.

License Agreement No. 2023-11579

AMENDMENT NO. 2

to

ASSET PURCHASE AND LICENSE AGREEMENT

between HONEYWELL INTERNATIONAL INC.

and

INNOVATIVE SOLUTIONS AND SUPPORT, INC.

_______________________________

Honeywell International Inc., a Delaware corporation (“Seller”) and Innovative Solutions and Support, Inc., a Pennsylvania corporation, (“Purchaser”) entered into an Asset Purchase and License Agreement, dated June 30, 2023, (the “Agreement”) and Amendment 1 to the Main Agreement, dated October 12, 2023 (“Amendment 1”, together with the Agreement, the “Main Agreement”).

The Parties now desire to amend the Main Agreement by this Amendment No. 2 (this “Amendment 2”, and thereafter referred to together with the Main Agreement as the Agreement”) as entered into as of the date of last signature below (the Effective Date”) as follows:

AMENDMENT

1.Article 1.5(a) is hereby deleted in its entirety and replaced with the following:

Purchaser shall have two months after Honeywell confirms to Purchaser the final piece of Inventory has shipped to Purchaser for the First Product Line for 10MCU (but no later than May 31, 2024) and the Second Product Line for BGA Legacy Radios (but no later than April 30, 2024), respectively, to conduct a physical inventory count of the Inventory with respect to the applicable Product Line, consistent with Seller’s past practices (with respect to each Product Line, the “Adjustment Review Period”) in order to dispute the quantity of the Inventory identified on Schedule 1.1(a)(ii), Table 1 and Table 2, respectively.. Purchaser and its duly authorized representatives shall have the right to conduct a physical inspection and count of the Honeywell Inventory with respect to the applicable Product Line that will be shipped to Purchaser post Cut-Over (as defined with respect to each Product Line in the applicable Transition Services Agreement), and shall have the right to visit, observe and inspect the Inventory in order for Purchaser to verify the identity, count, and condition of the items included in the Inventory.

IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed as of the date first written above by their respective officers thereunto duly authorized.

INNOVATIVE SOLUTIONS AND SUPPORT, INC.

HONEYWELL INTERNATIONAL INC.

Signature: ​ ​Signature: ​ ​

Name: Title: Date:

Graphic
Graphic

Graphic

Name: Title: Date:

Graphic

Graphic
Graphic

Honeywell Confidential: This document and all information and expression contained herein are the property of Honeywell International Inc., are provided in confidence and may not, in whole or in part, be disclosed to others for any purpose without prior written permission from Honeywell International Inc. All rights reserved.


CERTAIN INFORMATION HAS BEEN EXCLUDED FROM THIS EXHIBIT BECAUSE IT IS BOTH IMMATERIAL AND THE TYPE OF INFORMATION THAT INNOVATIVE SOLUTIONS AND SUPPORT, INC. TREATS AS CONFIDENTIAL. ACCORDINGLY, SUCH INFORMATION HAS BEEN OMITTED AND REPLACED WITH “[***]”.

AMENDMENT NO. 3

to

ASSET PURCHASE AND LICENSE AGREEMENT No. [***]

between

HONEYWELL INTERNATIONAL INC.

and

INNOVATIVE SOLUTIONS AND SUPPORT, INC.

_______________________________

Honeywell International Inc., a Delaware corporation (“Seller”) and Innovative Solutions and Support, Inc., a Pennsylvania corporation (“Purchaser”) entered into an Asset Purchase and License Agreement, dated June 30, 2023, (the “Agreement”), and Amendment 1 to the Main Agreement, dated October 12, 2023 (“Amendment 1” ) and Amendment 2 to the Main Agreement, dated March 24, 2024 (“Amendment 2”, together with Amendment 1 and the Agreement, the “Main Agreement”).

The Parties now desire to amend the Main Agreement by this Amendment No. 3 (this “Amendment 3”, and thereafter referred to together with the Main Agreement as the “Agreement”) as entered into as of the date of the last signature of this Amendment 3 (the “Effective Date”) as follows:

AMENDMENT

1.Definitions: Unless otherwise stated herein, the below definitions will apply as it relates to the subject matter of this Amendment 3, the following terms as referenced in the Main Agreement mean:

a.Effective Date” means the Effective Date of this Amendment 3.
b.Licensed Products” means only the Exclusive Licensed Products and Non-Exclusive Products listed in this Amendment 3
c.Exclusive Licensed Products” means only those part numbers listed in Section (13) herein.
d.Non-Exclusive Licensed Products” means only those part numbers listed in Section (14) herein.

2.For purposes of this Amendment 3 only, Section 1.1(a), Purchase, Sale and Assignment of Assets of the Agreement is as follows:

1.1Purchase, Sale and Assignment of Assets:

Subject to the terms and conditions of this Amendment 3, in exchange for payment by Purchaser to Seller of all the amounts set forth in Item 3 below, and Purchaser’s assumption of Assumed Liabilities, Seller shall sell, assign, transfer, convey and deliver, or cause to be sold, assigned, transferred, conveyed and delivered, to Purchaser all of Seller’s and its Affiliates’ right, title and interest in and to only the following assets as the same shall exist immediately prior to the Effective Date:

(i)All Contracts set forth in Item 9 below.
(ii)All Inventory set forth in Exhibit 1 hereto.
(iii)All customer related documents (including price listing, historical transaction reports, and customer contact lists) and supplier contact lists, in each case to the extent relating to the Licensed Products and to the extent in the actual or constructive possession of Seller or any of its Affiliates on the Effective Date.
3.For purposes of this Amendment 3 only, Section 1.4 Purchase Price, of the Agreement is as follows:

1.4 Purchase Price:

a.The aggregate price to be paid for the Purchased Assets set forth in this Amendment 3 and the licenses granted thereto, shall be Four Million, Two Hundred Thousand US Dollars ($4,200,000.00 USD), due on the Business Day


immediately following the Effective Date of this Amendment 3. Purchaser shall pay the Purchase price by wire transfer in accordance with the instructions set forth on Schedule 1.4(c) of the Agreement. The Purchase Price will be subject to the inventory adjustment with respect to each Product Line, as set forth in Section 1.5 below. Purchaser shall pay the Purchase Price in accordance with the provisions of Section 1.4(b), 1.4(c) and 1.5 below.
b.Purchaser and Seller agree and acknowledge that all payments made by Purchaser pursuant to this Section 1.4 are non-refundable and non-creditable. Subject to the indemnification provisions of this Agreement and Section 1.5, in no event shall Purchaser be able to recover the Purchase Price or any payments made under this Section 1.4. Seller may deduct any amount due to Seller under this Agreement (including any Exhibits or Attachments) against any amount due to Purchaser under this Agreement (including any Exhibits or Attachments). Purchaser may not deduct any amount due to Purchaser against any amount due to Seller.
c.Title and risk of loss or damage to the Inventory in (5) below will pass to Purchaser when Seller places such Inventory at Purchaser’s disposal at the designated facility.
d.Delivery terms are EX Works (Incoterms 2020), Seller’s designated facility. The Inventory will be delivered within thirty (30) Business Days of the Effective Date.
4.

[***]

5.[***]
a.

6.[***]

7.[***]

8.[***]

9.

[***]

10.As of the Effective Date of this Amendment 3, Schedule 1.1(a)(ii), Inventory, Table 2 is hereby modified to add the Exhibit 1 hereto.

11.As of the Effective Date of this Amendment 3, Schedule 1.3(e), Assumed Liabilities, Table 2 is hereby modified to add the Exhibit 2 hereto.

12.As of the Effective Date of this Amendment 3, Schedule 2.1(a)(i), Table 2, Exclusive Licensed Products, is hereby modified to add the Part Numbers identified in Exhibit 3 hereto.

13.As of the Effective Date of this Amendment 3, Schedule 2.1(a)(ii), Table 2, Non-Exclusive Licensed Products, is hereby modified to add the Part Numbers identified in Exhibit 4 hereto.

14.[***]

15.[***]

16.

[***]

17.[***]

18.[***]


19.[***]

20.[***]

21.[***]

The Main Agreement, as amended hereby so that the rights and obligations of the Parties to the Main Agreement shall, on and from the date hereof, be governed and construed in accordance with the provisions of the Agreement, represents the entire agreement and understanding between the Parties with respect to the matters contained herein and therein.

** Signature Page to Follow**


All the provisions of the Main Agreement and any and all related agreements shall, save as amended by this Amendment 3, continue in full force and effect.

IN WITNESS WHEREOF, the Parties have caused this Amendment 3 to be executed as of the date first written above by their respective officers thereunto duly authorized.

INNOVATIVE SOLUTIONS AND SUPPORT, INC.

HONEYWELL INTERNATIONAL INC.

Signature:

Signature:

Name:

Name:

Title:

Title:

Date:

Date:


Exhibit 1: Schedule 1.1(a)(ii), Inventory

Table 2: Legacy BGA Radios

[***]


Exhibit 2: Schedule 1.3(e), Assumed Liabilities

Table 2: Legacy BGA Radios

[***]


Exhibit 3: Schedule 2.1(a)(i) Exclusive Licensed Product

Table 2: Legacy BGA Radios

[***]


Exhibit 4: Schedule 2.1(a)(ii) Non-Exclusive Licensed Product

Table 2: Legacy BGA Radios

None.


Exhibit 5: Additional Part Numbers in Seller Review

[***]


INNOVATIVE SOLUTIONS AND SUPPORT, INC.

AMENDED AND RESTATED 2019 STOCK-BASED INCENTIVE COMPENSATION PLAN

Section 1.Purpose of the Plan.  The purpose of the Innovative Solutions and Support, Inc. Amended and Restated 2019 Stock-Based Incentive Compensation Plan is to assist the Company and its Subsidiaries in attracting and retaining valued Employees, Consultants and Non-Employee Directors by offering them a greater stake in the Company's success and a closer identity with it, and to encourage ownership of the Company's stock by such Employees, Consultants and Non-Employee Directors.

Section 2.Definitions.  As used herein, the following definitions shall apply:

2.1Award” means an award of Restricted Stock, Restricted Stock Units, Options, SARs, or other stock-based grant under the Plan.
2.2Award Agreement” means the written agreement, instrument or document evidencing an Award.
2.3Board” means the Board of Directors of the Company.
2.4Cause” means,
(a)if the applicable Participant is party to an effective employment, consulting, severance or similar agreement with the Company or a Subsidiary, and such term is defined therein, "Cause" shall have the meaning provided in such agreement;
(b)if the applicable Participant is not a party to an effective employment, consulting, severance or similar agreement or if no definition of "Cause" is set forth in the applicable employment, consulting, severance or similar agreement, "Cause" shall have the meaning provided in the applicable Award Agreement; or
(c)if neither (a) nor (b) applies, then "Cause" shall mean, as determined by the Committee in its sole discretion, (i) the Participant's willful misconduct or gross negligence in connection with the performance of the Participant's duties for the Company or any Subsidiary; (ii) the Participant's conviction of, or a plea of nolo contendere to, a felony or a crime involving fraud or moral turpitude; (iii) the Participant's engaging in any business that directly or indirectly competes with the Company or any Subsidiary; (iv) disclosure of trade secrets, customer lists or confidential information of the Company, any Subsidiary or any affiliate thereof to a competitor or unauthorized Person.

The Committee, in its sole discretion, shall determine the effect of all matters and questions relating to whether a Participant has been discharged for Cause.


2.5Change in Control” means, unless otherwise determined by the Committee or provided in an Award Agreement:
(a)the acquisition in one or more transactions during any 12-month period by any "Person" (as such term is used for purposes of Section 13(d) or Section 14(d) of the Exchange Act) but excluding, for this purpose, (i) the Company or any Subsidiary, (ii) any employee benefit plan of the Company or any Subsidiary, or (iii) a Person owned, directly or indirectly, by the shareholders of the Company in substantially the same proportions as their ownership of shares of the Company, of "Beneficial Ownership" (within the meaning of Rule 13d-3 under the Exchange Act) of thirty percent (30%) or more of the combined voting power of the Company's then outstanding voting securities (the "Voting Securities");
(b)a change in the composition of the Board such that the individuals who as of any date constitute the Board (the "Incumbent Board") cease to constitute a majority of the Board at any time during the 12-month period immediately following such date; provided, however, that if the election, or nomination for election by the Company's shareholders, of any new director was approved by a vote of at least a majority of the Incumbent Board, such new director shall be considered as a member of the Incumbent Board, and provided further that any reductions in the size of the Board that are instituted voluntarily by the Incumbent Board shall not constitute a Change in Control, and after any such reduction the "Incumbent Board" shall mean the Board as so reduced;
(c)the consummation of a merger or consolidation involving the Company if the shareholders of the Company, immediately before such merger or consolidation, do not own, directly or indirectly, immediately following such merger or consolidation, more than seventy percent (70%) of the combined voting power of the outstanding Voting Securities of the corporation resulting from such merger or consolidation; or
(d)a complete liquidation or dissolution of the Company (other than pursuant to a transaction in which the assets of the Company are distributed to a Person owned, directly or indirectly, by the shareholders of the Company in substantially the same proportions as their ownership of shares of the Company) or a sale or other disposition of all or substantially all of the assets of the Company (other than to a Person described in clauses (i), (ii) or (iii) of Section 2.5(a) above).

Notwithstanding the foregoing, a restructuring, reorganization or similar event in which the shareholders of the Company immediately before such event have "Beneficial Ownership" (within the meaning of Rule 13d-3 under the Exchange Act) of the Company immediately after such event in substantially the same proportions as their ownership of shares of the Company immediately before such event shall not constitute a Change in Control.

2


2.6Code” means the Internal Revenue Code of 1986, as amended.  A reference to any provision of the Code shall include reference to any successor provision of the Code.
2.7Common Stock” means the common stock of the Company, par value $.001 per share.
2.8Company” means Innovative Solutions and Support, Inc., a Pennsylvania corporation, or any successor corporation.
2.9Committee” means the Compensation Committee of the Board, each member of which shall be a "non-employee director" as defined in Rule 16b-3 under the Exchange Act.
2.10Consultant” means a natural person who provides bona fide services to the Company other than in connection with the offer or sale of securities in a capital-raising transaction and is not engaged in activities that directly or indirectly promote or maintain a market for the Company's securities.
2.11Disability” means,
(a)if the applicable Participant is party to an effective employment, consulting, severance or similar agreement with the Company or a Subsidiary, and such term is defined therein, "Disability" shall have the meaning provided in such agreement;
(b)if the applicable Participant is not a party to an effective employment, consulting, severance or similar agreement or if no definition of "Disability" is set forth in the applicable employment, consulting, severance or similar agreement, "Disability" shall have the meaning provided in the applicable Award Agreement; or
(c)if neither (a) nor (b) applies, then "Disability" shall mean that the Participant is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.
2.12Effective Date” shall have the meaning set forth in Section 27 of the Plan.
2.13"Eligible Individual” means any Employee, Non-Employee Director or Consultant.
2.14Employee” means an officer or other employee of the Company or a Subsidiary, including a director who is an employee.
2.15Exchange Act” means the Securities Exchange Act of 1934, as amended. A reference to any provision of the Exchange Act or rule promulgated under the Exchange Act shall include reference to any successor provision or rule.

3


2.16Fair Market Value” means, on any given date, (i) if the shares of Common Stock are then listed on a national securities exchange, including the Nasdaq Global Select Market ("NASDAQ"), the closing sales price per share of Common Stock on the exchange for such date, or if no sale was made on such date on the exchange, on the last preceding day on which a sale occurred; (ii) if shares of Common Stock are not then listed on a national securities exchange but are then quoted on another stock quotation system, the closing price for the shares of Common Stock as quoted on such quotation system on such date, or if no sale was made on such date on such quotation system, on the last preceding day on which a sale was made; or (iii) if (i) and (ii) do not apply, such value as the Committee in its discretion may in good faith determine in accordance with Section 409A of the Code (and, with respect to Incentive Stock Options, Section 422 of the Code) and the applicable guidance thereunder.
2.17Incentive Stock Option” means an Option or portion thereof intended to meet the requirements of an "incentive stock option" as defined in Section 422 of the Code and designated as an Incentive Stock Option.
2.18Non-Employee Director” means a member of the Board who is not an Employee.
2.19Non-Qualified Option” means an Option or portion thereof not designated as an Incentive Stock Option, or which otherwise fails to qualify as an Incentive Stock Option.
2.20Option” means a right granted under the Plan to purchase a specified number of shares of Common Stock at a specified price. An Option may be an Incentive Stock Option or a Non-Qualified Option.
2.21Participant” means any Eligible Individual who receives an Award.
2.22Person” means any natural person or entity, including any general partnership, limited partnership, limited liability company, corporation, joint venture, trust, business trust, cooperative, association, or any foreign trust or foreign business organization, or any other entity that is not a natural person.
2.23Plan” means the Innovative Solutions and Support, Inc. 2024 Stock-Based Incentive Compensation Plan herein set forth, as amended from time to time.
2.24Performance-Based Award” means an Award or portion of an Award the vesting, exercisability or settlement of which is based, in whole or in part, upon the attainment of performance goals.
2.25Prior Plan” means the Innovative Solutions and Support, Inc. 2009 Stock-Based Incentive Compensation Plan.
2.26Restricted Stock” means Common Stock awarded by the Committee under Section 6.3 of the Plan.

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2.27"Restricted Stock Unit” or “RSU” means a right to receive a share of Common Stock at a future date, which may be conditioned on the satisfaction of certain requirements (including the satisfaction of certain performance goals).
2.28Restriction Period” means the period during which Restricted Stock is subject to forfeiture.
2.29Stock Appreciation Right” or “SAR” means a right to receive, with respect to each share of Common Stock subject to such Stock Appreciation Right, value in an amount equal to the excess, if any, of (i) the Fair Market Value of a share of Common Stock on the date of exercise or the trading day immediately preceding the date of exercise, as determined by the Committee in its reasonable discretion over (ii) the exercise price of such Stock Appreciation Right.
2.30Securities Act” means the Securities Act of 1933, as amended. A reference to any provision of the Securities Act or rule promulgated under the Securities Act shall include reference to any successor provision or rule.
2.31Subsidiary” means any corporation, partnership, joint venture or other business entity of which 50% or more of the outstanding voting power is beneficially owned, directly or indirectly, by the Company.
2.32Ten Percent Shareholder” means a person who on any given date owns, either directly or indirectly (taking into account the attribution rules contained in Section 424(d) of the Code), stock possessing more than 10% of the total combined voting power of all classes of stock of the Company or a Subsidiary.
Section 3.Eligibility.  Any Eligible Individual shall be eligible to receive an Award; provided, however, that only persons who are employees of the Company or any "subsidiary corporation" (within the meaning of Section 424(f) of the Code) may be granted Incentive Stock Options.  Eligibility for the grant of Awards and actual participation in the Plan shall be determined by the Committee.
Section 4.Administration and Implementation of the Plan.
4.1The Plan shall be administered by the Committee; provided, however, that the Board shall administer and otherwise exercise all powers of the Committee under the Plan with respect to Awards granted to Non-Employee Directors. Notwithstanding the foregoing, the Committee may make recommendations to the full Board regarding Awards to Non-Employee Directors. Any action of the Committee (or, as applicable, the Board) in administering the Plan shall be final, conclusive and binding on all Persons, including the Company, the Subsidiaries, their respective employees, Participants, Persons claiming rights from or through Participants, and shareholders of the Company.
4.2Notwithstanding Section 4.1, the Board shall serve as a "Secondary Committee" with the full authority to grant Awards to eligible individuals who are not subject to the requirements of Rule 16b-3 of the Exchange Act and administer the Plan with respect to such Awards. In all cases requiring an interpretation of the Plan related to

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an Award made by the Secondary Committee, the use of the term "Committee" herein shall refer to the Secondary Committee. Notwithstanding the foregoing, the Board may delegate to one or more officers or Board members the authority to act as a Secondary Committee with the same authority with respect to selecting the individuals to whom Awards are granted and establishing the terms and conditions of such Awards as the Secondary Committee has under the terms of the Plan.
4.3Subject to the provisions of the Plan, the Committee (or, as applicable, the Board) shall have full and final authority in its discretion to (i) select the Eligible Individuals who will receive Awards pursuant to the Plan; (ii) determine the type or types of Awards to be granted to each Participant; (iii) determine the number of shares of Common Stock to which an Award will relate, the terms and conditions of any Award granted under the Plan (including, but not limited to, restrictions as to vesting, transferability or forfeiture, exercisability or settlement of an Award and waivers or accelerations thereof, and waivers of or modifications to performance goals relating to an Award, based in each case on such considerations as the Committee shall determine) and all other matters to be determined in connection with an Award; (iv) determine whether, to what extent, and under what circumstances an Award may be cancelled, forfeited, or surrendered; (v) determine whether performance goals to which the settlement of an Award is subject are satisfied; (vi) correct any defect or supply any omission or reconcile any inconsistency in the Plan, and adopt, amend and rescind such rules, regulations, guidelines, forms of agreements and instruments relating to the Plan as it may deem necessary or advisable; (vii) construe and interpret the Plan; (viii) delegate its responsibilities to officers or employees of the Company, including delegating authority to officers to grant Awards or execute agreements or other documents on behalf of the Committee; (ix) engage legal counsel, consultants, professional advisors and agents to assist in the administration of the Plan and rely upon any opinion or computation received from any such Person; and (ix) make all other determinations as it may deem necessary or advisable for the administration of the Plan; provided, however, that, except as otherwise permitted under Section 7 or Section 8 hereof, the Committee shall be prohibited from effecting a repricing, replacement, regrant through cancellation, repurchase for cash, or other modification of any outstanding Award, in any case, without shareholder approval as required by Section 9.4 hereof.
Section 5.Shares of Common Stock Subject to the Plan.
5.1Subject to adjustment as provided in Section 8, the total number of shares of Common Stock available for Awards under the Plan shall be 1,950,000, plus the number of shares of Common Stock that were authorized but unissued under the Prior Plan as of the Effective Date. Any shares tendered, with the Committee's approval, by a Participant in payment of an exercise price for an Award or the tax liability with respect to an Award, including shares withheld from any such Award, shall not be available for future Awards hereunder.
5.2All shares of Common Stock available for Awards under the Plan may be issued pursuant to Incentive Stock Options.  Common Stock awarded under the Plan may

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be reserved or made available from the Company's authorized and unissued Common Stock or from Common Stock reacquired and held in the Company's treasury.
5.3Any shares of Common Stock issued by the Company through the assumption or substitution of outstanding grants from an acquired company shall not reduce the shares of Common Stock available for Awards under the Plan.
5.4If any shares subject to an Award under the Plan are forfeited or such Award otherwise terminates or is settled for any reason whatsoever without an actual distribution of shares to the Participant, any shares counted against the number of shares available for issuance pursuant to the Plan with respect to such Award shall, to the extent of any such forfeiture, settlement, or termination, again be available for Awards under the Plan; provided, however, that the Committee may adopt procedures for the counting of shares relating to any Award to ensure appropriate counting, avoid double counting, provide for adjustments in any case in which the number of shares actually distributed differs from the number of shares previously counted in connection with such Award, and if necessary, to comply with applicable law or regulations. In addition, each SAR granted under the Plan shall reduce the number of shares of Common Stock available for issuance under the Plan by the number of shares of Common Stock to which such SAR relates, rather than by the number of shares of Common Stock issued upon exercise of such SAR.
Section 6.Awards.  Awards may be granted on the terms and conditions set forth in this Section 6. In addition, the Committee may impose on any Award or the exercise or settlement thereof, at the date of grant or thereafter, such additional terms and conditions, not inconsistent with the provisions of the Plan, as the Committee shall determine, including without limitation terms requiring forfeiture of Awards in the event of the termination of employment or other relationship with the Company or any Subsidiary by the Participant; provided, however, that the Committee shall retain full power to accelerate or waive any such additional term or condition as it may have previously imposed. The right of a Participant to exercise or receive a grant or settlement of any Award, and the timing thereof, may be subject to such performance goals as may be determined by the Committee. Each Award, and the terms and conditions applicable thereto, shall be evidenced by an Award Agreement; provided that, notwithstanding anything in the Plan or the Award Agreement to the contrary, no portion of an Award may become vested (and no portion of the Restriction Period may lapse) prior to the first anniversary of the date of grant of the Award, subject to any accelerated vesting permitted under Article 7.
6.1Options.  The Committee is hereby authorized to grant Awards of Options to Eligible Individuals.  Options may be either Incentive Stock Options or Non-Qualified Options; provided that Incentive Stock Options may not be granted to Non-Employee Directors or Consultants. The grant of Options shall be subject to the following terms and conditions:
(a)Exercise Price.  The price per share at which Common Stock may be purchased upon exercise of an Option shall be determined by the Committee and specified in the Award Agreement, but shall be not less than the Fair Market Value of a share of Common Stock on the date of grant (or 110% of Fair Market

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Value of a share of Common Stock on the date of grant in the case of an Incentive Stock Option granted to a Ten Percent Shareholder).
(b)Term of Options.  The term of an Option shall be specified in the Award Agreement, but shall in no event be greater than ten years (or five years in the case of an Incentive Stock Option granted to a Ten Percent Shareholder).
(c)Exercise of Option.  The Award Agreement governing each Option shall specify the time or times at which an Option may be exercised in whole or in part and the terms and conditions applicable thereto, including (i) a vesting schedule which may be based upon the passage of time, attainment of performance goals or a combination thereof, (ii) whether the exercise price for an Option shall be paid in cash, with shares of Common Stock, with any combination of cash and shares of Common Stock, or with other legal consideration that the Committee may deem appropriate, (iii) the methods of payment, which may include payment through cashless and net exercise arrangements, to the extent permitted by applicable law, and (iv) the methods by which, or the time or times at which, Common Stock will be delivered or deemed to be delivered to Participants upon the exercise of such Option. Payment of the exercise price shall in all events be made within three days after the date of exercise of an Option. Unless otherwise determined by the Committee or provided in an Award Agreement, each Option shall be exercisable for a period of 90 days following termination of employment by the Company (or a Subsidiary) without Cause and one year following termination of employment due to the Participant's death or Disability (in any case, not beyond the expiration of the Option term), to the extent the Option was otherwise exercisable at the time of such termination. Unless otherwise determined by the Committee or provided in an Award Agreement, for any other termination of employment, the Option shall not be exercisable following termination of employment with the Company and the Subsidiaries.
(d)Incentive Stock Options.  Each Participant awarded an Incentive Stock Option under the Plan shall notify the Company in writing immediately after the date he or she makes a disqualifying disposition (as defined in Section 421(b) of the Code) of any shares of Common Stock acquired pursuant to the exercise of such Incentive Stock Option. The Company may, if determined by the Committee and in accordance with procedures established by it, retain possession of any shares acquired pursuant to the exercise of an Incentive Stock Option as agent for the applicable Participant until the end of any period during which a disqualifying disposition could occur, subject to complying with any instructions from such Participant as to the sale of such shares.  The aggregate Fair Market Value, determined as of the date of grant, for Awards granted under the Plan (or any other stock or share option plan required to be taken into account under Section 422(d) of the Code) that are intended to be Incentive Stock Options which are first exercisable by the Participant during any calendar year shall not exceed $100,000. To the extent an Award purporting to be an Incentive Stock Option exceeds the limitation in the previous sentence or does

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not otherwise qualify as an Incentive Stock Option, the portion of the Award in excess of such limit or that does not so qualify shall be a Non-Qualified Option.
(e)No Shareholder Rights.  Until the issuance of the stock certificate (which may be evidenced by the appropriate entry on the books of the Company or of a duly authorized transfer agent of the Company) evidencing any shares of Common Stock to be delivered upon the exercise of an Option, no right to receive dividends or to vote, nor any other rights as a shareholder, shall exist with respect to any shares of Common Stock underlying the Option, notwithstanding the exercise of the Option.
6.2Stock Appreciation Rights.  The Committee is hereby authorized to grant Awards of SARs to Eligible Individuals.  The grant of SARs shall be subject to the following terms and conditions:
(a)Each Award Agreement governing each SAR shall specify the number of SARs granted, the grant price of the SAR, the time or times at which a SAR may be exercised in whole or in part (including vesting upon the passage of time, the attainment of performance goals, or a combination thereof), the method of exercise, method of settlement (in cash, Common Stock or a combination thereof), form of consideration payable in settlement, method by which Common Stock will be delivered or deemed to be delivered to Participants, and any other terms and conditions of any SAR. Unless otherwise determined by the Committee or provided in an Award Agreement, each SAR shall be exercisable for a period of 90 days following termination of employment by the Company (or a Subsidiary) without Cause and one year following termination of employment due to the Participant's death or Disability (in any case, not beyond the expiration of the SAR term), to the extent the SAR was otherwise exercisable at the time of such termination. Unless otherwise determined by the Committee or provided in an Award Agreement, for any other termination of employment, the SAR shall not be exercisable following termination of employment with the Company and the Subsidiaries.
(b)A SAR granted under the Plan may be granted alone or in tandem with all or a portion of a related Option. An SAR granted in tandem with an Option shall be exercisable only to the extent the related Option is exercisable.
(c)The term of a SAR shall be specified in the Award Agreement, but shall in no event be greater than ten years.
(d)No Shareholder Rights.  Until the issuance of the stock certificate (which may be evidenced by the appropriate entry on the books of the Company or of a duly authorized transfer agent of the Company) evidencing any shares of Common Stock to be delivered upon the exercise of a SAR, no right to receive dividends or to vote, nor any other rights as a shareholder, shall exist with respect to any shares of Common Stock underlying the SAR, notwithstanding the exercise of the SAR.

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6.3Restricted Stock.  The Committee is hereby authorized to grant Awards of Restricted Stock to Eligible Individuals.  Awards of Restricted Stock shall be subject to the following terms and conditions:
(a)The Award Agreement governing each Restricted Stock Award shall specify the duration of the Restriction Period and/or each installment thereof, the conditions under which the Restricted Stock may be forfeited to the Company, and the amount, if any, the Participant must pay to receive the Restricted Stock. Such restrictions may include a vesting schedule based upon the passage of time, the attainment of performance goals or a combination thereof.
(b)During the Restriction Period, the transferability of Restricted Stock shall be prohibited or restricted in the manner and to the extent prescribed in the applicable Award Agreement. Such restrictions may include, without limitation, rights of repurchase or first refusal in the Company or provisions subjecting the Restricted Stock to a continuing substantial risk of forfeiture in the hands of any transferee.
(c)Upon determination of the number of shares of Restricted Stock to be granted to the Participant, the Committee shall direct that a certificate or certificates representing the number of shares of Common Stock be issued to the Participant or placed in a restricted stock account (including without limitation an electronic account) with the transfer agent, in either case, with the Participant designated as the registered owner. The certificate(s), if any, representing such shares shall be legended (physically or electronically) as to sale, transfer, assignment, pledge or other encumbrances during the Restriction Period and deposited by the Participant, together with a stock power endorsed in blank, with the Company, to be held in escrow during the Restriction Period. At the end of the Restriction Period the restrictions imposed hereunder shall lapse with respect to the number of shares of Restricted Stock as provided in the Award Agreement, and the legend shall be removed and such number of shares delivered to the Participant (or, where appropriate, the Participant's legal representative).
(d)Unless otherwise provided in the applicable Award Agreement, during the Restriction Period the Participant shall have all the rights of a shareholder with respect to Restricted Stock, including, without limitation, the right to receive dividends thereon (whether in cash or shares of Common Stock) and to vote such shares of Restricted Stock. Dividends shall be subject to the same restrictions as the underlying Restricted Stock unless otherwise provided by the Committee.
6.4Restricted Stock Units.  The Committee is hereby authorized to grant Awards of Restricted Stock Units to Eligible Individuals.

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(a)The Award Agreement governing each RSU Award shall specify the duration of the Restriction Period and/or each installment thereof, the conditions under which the RSUs may be forfeited to the Company, and the amount, if any, the Participant must pay to receive the RSUs. Such restrictions may include a vesting schedule based upon the passage of time, the attainment of performance goals or a combination thereof.
(b)Upon the lapse of the Restriction Period and the attainment of any other vesting criteria established by the Committee, with respect to any outstanding RSUs, the Company shall deliver to the Participant one share of Common Stock (or cash in lieu of delivering shares, as the case may be) for each outstanding and vested RSU; provided, however, that the Committee may elect to defer the delivery of Common Stock beyond the expiration of the Restriction Period only (i) with written permission of the Participant, and (ii) if such extension would not cause adverse tax consequences under Section 409A of the Code.
(c)Until Common Stock is issued to the Participant in settlement of RSUs, the Participant shall not have any rights of a shareholder with respect to the RSUs or the shares issuable thereunder.  The Committee may determine in the applicable Award Agreement whether and to what extent the recipient of RSUs has the rights of a shareholder of the Company including, but not limited to, whether the Participant receiving the Award has the right to vote the shares or receive dividends or dividend equivalents upon the expiration of the applicable Restriction Period.
6.5Other Stock-Based Awards.  The Committee is authorized, subject to limitations under applicable law, to grant to Eligible Individuals any type of Award other than an Award provided in Section 6.1, 6.2, or 6.3 hereof that is payable in, or valued in whole or in part by reference to, shares of Common Stock, and that is deemed by the Committee to be consistent with the purposes of the Plan.
6.6Additional Provisions Applicable to Awards.  Awards granted under the Plan may, in the discretion of the Committee, be granted either alone or in addition to, or in tandem with, any other Award granted under the Plan. In addition, the Committee may grant Awards in substitution for awards granted under any other plan of any business entity acquired by the Company or any Subsidiary.
Section 7.Change in Control.  Notwithstanding any provision in the Plan to the contrary and unless otherwise provided in the applicable Participant's Award Agreement, upon the occurrence of a Change in Control, the following provisions shall apply:
7.1General.  In the event of a Change in Control, if (x) the successor corporation or company (or its direct or indirect parent) does not agree to assume an outstanding Award or does not agree to substitute or replace such Award with an award involving the ordinary equity securities of such successor corporation (or its direct or indirect parent) on terms and conditions necessary to preserve the rights of the applicable

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Participant with respect to such Award, (y) the securities of the Company or the successor corporation or company (or its direct or indirect parent) will not be publicly traded on a U.S. securities exchange immediately following such Change in Control or (z) the Change in Control is not approved by a majority of directors on the Incumbent Board immediately prior to such Change in Control, then, unless otherwise provided by the Committee or in an Award Agreement, the Committee, in its discretion, may take one or more of the following actions with respect to all, some or any of the Awards that are outstanding as of immediately prior to such Change in Control: (i) accelerate the vesting and, if applicable, exercisability of such Awards to the extent then unvested and, if applicable, unexercisable, such that such outstanding Awards are fully vested and, if applicable, exercisable as of immediately prior to such Change in Control, (ii) cancel outstanding vested Options and/or SARs in exchange for a cash payment in an amount equal to the excess, if any, of the Fair Market Value of the Common Stock underlying the unexercised portion of the Option and/or SAR as of the date of the Change in Control over the exercise price or grant price (as applicable) of such portion (provided that any Option and/or SAR with a per share exercise price or grant price, as the case may be, that equals or exceeds the Fair Market Value of one share of Common Stock on the date of the Change in Control shall be cancelled with no payment due the Participant), (iii) terminate Options and/or SARs immediately prior to the Change in Control, provided that the Company provide the Participant an opportunity to exercise the Option and/or SAR within a specified period following the Participant's receipt of a written notice of such Change in Control and of the Company's intention to terminate the Option and/or SAR prior to such Change in Control, (iv) with respect to any Awards that do not constitute "non-qualified deferred compensation" within the meaning of Section 409A of the Code, accelerate the settlement of such Awards upon such Change in Control; (v) with respect to Awards that constitute "non-qualified deferred compensation" within the meaning of Section 409A of the Code, terminate all such Awards and settle all such Awards for a cash payment equal to the Fair Market Value of the shares of Common Stock underlying such Awards less the amount the Participant is required to pay for such Shares, if any (provided that (I) such Change in Control satisfies the requirements of Treasury Regulation Section 1.409A-3(i)(5)(v), (vi) or (vii) and (II) all other arrangements that would be aggregated with such Awards under Section 409A of the Code are terminated and liquidated within 30 days before or 12 months after such Change in Control), or (vi) take such other actions as the Committee deems appropriate. If any action is taken under this Section 7.1 with respect to any Performance-Based Award, the applicable performance goals shall be deemed satisfied based on the actual level of achievement of the applicable performance goals through the date of the Change in Control or, if determined by the Committee in its sole discretion prior to such Change in Control, using the applicable target level of achievement prorated based on the date of the Change in Control. Notwithstanding the foregoing, no Award that constitutes "non-qualified deferred compensation" (within the meaning of Section 409A of the Code) shall be payable upon the occurrence of a Change in Control unless such Change in Control satisfies the requirements of Treasury Regulation Section 1.409A-3(i)(5).
7.2Termination Following a Change in Control.  Notwithstanding anything contained in the Plan to the contrary, unless otherwise provided in an Award Agreement or as otherwise determined by the Committee prior to a Change in Control, in the event that Awards under the Plan are assumed in connection with a Change in Control or are

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substituted with new awards, in either case, as contemplated in Section 7.1 above, and a Participant's employment or other service with the Company and the Subsidiaries is terminated by the Company or a Subsidiary without Cause or due to Disability or as the result of the Participant's death, in any case, within 24 months following a Change in Control, (i) the unvested portion of such Participant's Awards (including without limitation any awards received in substitution of an Award) shall vest in full (with any applicable performance goals being deemed to have been achieved at target or, if greater, actual levels of performance), (ii) Options and SARs (including without limitation options and stock or share appreciation rights received in substitution of an Award) shall remain exercisable by the Participant or the Participant's beneficiary or legal representative, as the case may be, for a period of one year thereafter (but not beyond the stated term of such Option or SAR), and (iii) all other stock-based Awards (including without limitation any received in substitution of an Award) shall be settled within 30 days after such termination; provided, however, that with respect to clause (iii), if settlement of such Awards on such date would violate Section 409A of the Code, then such Award instead shall be settled in full at the time it otherwise would have been settled in connection with a termination of employment or service without Cause or due to death or Disability, as applicable. At any time prior to a Change in Control, the Committee may choose to not apply this Section 7.2 with respect to all or any Awards.
7.3Committee Authority.  The judgment of the Committee with respect to any matter referred to in this Section 7 shall be conclusive and binding upon each Participant without the need for any amendment to the Plan or Award Agreement.
Section 8.Adjustments upon Changes in Capitalization.
8.1In the event that the Committee shall determine that any stock dividend, recapitalization, forward split or reverse split, reorganization, merger, consolidation, spin-off, combination, repurchase or share exchange, extraordinary or unusual cash distribution or other similar corporate transaction or event, affects the Common Stock such that an adjustment is appropriate in order to prevent dilution or enlargement of the rights of Participants under the Plan, then the Committee shall proportionately and equitably adjust any or all of (i) the number and kind of shares of Common Stock which may thereafter be issued in connection with Awards, (ii) the number and kind of shares of Common Stock issuable in respect of outstanding Awards, (iii) the aggregate number and kind of shares of Common Stock available under the Plan, (iv) the limits described in Section 5 of the Plan, and (v) the exercise or grant price relating to any Award or, if deemed appropriate, make provision for a cash payment with respect to any outstanding Award.
8.2In addition, the Committee is authorized to make adjustments in the terms and conditions of, and the criteria included in, Awards, including any performance goals, in recognition of unusual or nonrecurring events (including, without limitation, events described in Section 14.1) affecting the Company or any Subsidiary, or in response to changes in applicable laws, regulations, or accounting principles.
Section 9.Termination and Amendment.

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9.1Changes to the Plan and Awards.  The Board may amend, alter, suspend, discontinue, or terminate the Plan without the consent of the Company's shareholders or Participants, except that any such amendment, alteration, suspension, discontinuation, or termination shall be subject to the approval of the Company's shareholders if (i) such action would increase the number of shares subject to the Plan, (ii) decrease the price at which Awards may be granted, or (iii) such shareholder approval is required by any federal or state law or regulation or the rules of any stock exchange or automated quotation system on which the Common Stock may then be listed or quoted, and the Board may otherwise, in its discretion, determine to submit other such changes to the Plan to the Company's shareholders for approval; provided, however, that, except as provided in Section 18, without the consent of an affected Participant, no amendment, alteration, suspension, discontinuation, or termination of the Plan may materially and adversely affect the rights of such Participant under any outstanding Award.
9.2The Committee may waive any conditions or rights under, or amend, alter, suspend, discontinue, or terminate, any Award theretofore granted and any Award Agreement relating thereto; provided, however, that, except as provided in Section 18, without the consent of an affected Participant, no such amendment, alteration, suspension, discontinuation, or termination of any Award may materially and adversely affect the rights of such Participant under such Award.
9.3Notwithstanding anything in this Section 9 to the contrary, any performance goal applicable to an Award shall not be deemed a fixed contractual term, but shall remain subject to adjustment by the Committee, in its discretion at any time in view of the Committee's assessment of the Company's strategy, performance of comparable companies, and other circumstances.
9.4Notwithstanding anything in the Plan or an Award Agreement to the contrary, no Award may be repriced, replaced, regranted through cancellation, or modified, directly or indirectly, nor may any underwater Option or underwater SAR be repurchased for cash, in any case, without the approval of the shareholders of the Company, provided that nothing herein shall prevent the Committee from taking any action provided for in Sections 7 and 8.
Section 10.No Right to Award, Employment or Service.    No Participant or Eligible Individual shall have any claim to be granted any Award under the Plan, and there is no obligation that the terms of Awards be uniform or consistent among Participants. Neither the Plan nor any action taken hereunder shall be construed as giving any Participant any right to be retained in the employ or service of the Company or any Subsidiary. For purposes of the Plan, transfer of employment or service between the Company and the Subsidiaries shall not be deemed a termination of employment or service.
Section 11.Taxes.    Each Participant must make appropriate arrangement for the payment of any taxes relating to an Award granted hereunder. The Company or any Subsidiary is authorized to withhold from any payment relating to an Award under the Plan, including from a distribution of Common Stock, or from any payroll or other payment due to a Participant, amounts of withholding and other taxes due in connection with any transaction involving an Award, and to

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take such other action as the Committee may deem advisable to enable the Company and Participants to satisfy obligations for the payment of withholding taxes and other tax obligations relating to any Award. This authority shall include the ability to withhold or receive Common Stock or other property and to make cash payments in respect thereof in satisfaction of a Participant's tax obligations.
Section 12.Limits on Transferability; Beneficiaries.    No Award or other right or interest of a Participant under the Plan shall be pledged, encumbered, or hypothecated to, or in favor of, or subject to any lien, obligation, or liability of such Participant to, any party, other than the Company or any Subsidiary, or assigned or transferred by such Participant other than by will or the laws of descent and distribution, and such Awards and rights shall be exercisable during the lifetime of the Participant only by the Participant or, with respect to Awards other than Incentive Stock Options, his or her guardian or legal representative. Notwithstanding the foregoing, the Committee may, in its discretion, provide that Awards (other than Incentive Stock Options) be transferable, without consideration, to immediate family members (i.e., children, grandchildren or spouse), to trusts for the benefit of such immediate family members and to partnerships in which such family members are the only partners (provided that any vesting conditions shall be unaffected by such transfer). The Committee may attach to such transferability feature such terms and conditions as it deems advisable. In addition, a Participant may, in the manner established by the Committee, designate a beneficiary (which may be a natural person or a trust) to exercise the rights of the Participant, and to receive any distribution, with respect to any Award upon the death of the Participant. A beneficiary, guardian, legal representative or other Person claiming any rights under the Plan from or through any Participant shall be subject to all terms and conditions of the Plan and any Award Agreement applicable to such Participant, except as otherwise determined by the Committee, and to any additional restrictions deemed necessary or appropriate by the Committee.
Section 13.Foreign Nationals.    Without amending the Plan, Awards may be granted to Eligible Individuals who are foreign nationals or render services outside the United States or both, on such terms and conditions different from those specified in the Plan as may, in the judgment of the Committee, be necessary or desirable to further the purpose of the Plan.
Section 14.Securities Law Requirements.
14.1No shares of Common Stock may be issued hereunder if the Company shall at any time determine that to do so would (i) violate the listing requirements of an applicable securities exchange, or adversely affect the registration or qualification of the Company's Common Stock under any state or federal law, or (ii) require the consent or approval of any regulatory body or the satisfaction of withholding tax or other withholding liabilities. In any of the events referred to in clause (i) or clause (ii) above, the issuance of such shares shall be suspended and shall not be effective unless and until such withholding, listing, registration, qualifications or approval shall have been effected or obtained free of any conditions not acceptable to the Company in its sole discretion, notwithstanding any termination of any Award or any portion of any Award during the period when issuance has been suspended.

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14.2The Committee may require, as a condition to the issuance of shares hereunder, representations, warranties and agreements to the effect that such shares are being purchased or acquired by the Participant for investment only and without any present intention to sell or otherwise distribute such shares and that the Participant will not dispose of such shares in transactions which, in the opinion of counsel to the Company, would violate the registration provisions of the Securities Act, and the rules and regulations thereunder. The certificates issued to evidence such shares, if any, shall bear appropriate legends summarizing such restrictions on the disposition thereof.
Section 15.Liability; Indemnification.
15.1The Committee, its members and any delegate or Person engaged pursuant to Section 4.3 shall not be liable for any action or determination made in good faith with respect to the Plan. To the maximum extent permitted by applicable law, no officer or employee of the Company or member or former member of the Committee or of the Board shall be liable for any action or determination made in good faith with respect to the Plan or any Award granted under it.
15.2To the maximum extent permitted by applicable law and the Certificate of Incorporation and By-Laws of the Company and to the extent not covered by insurance directly insuring such person, each current or former officer or employee of the Company and member of the Committee or the Board shall be indemnified and held harmless by the Company against any cost or expense (including reasonable fees of counsel reasonably acceptable to the Committee) or liability (including any sum paid in settlement of a claim with the approval of the Committee), and advanced amounts necessary to pay the foregoing at the earliest time and to the fullest extent permitted, arising out of any act or omission to act in connection with the administration of the Plan, except to the extent arising out of such person’s own fraud or bad faith. Such indemnification shall be in addition to any rights of indemnification provided for under applicable law or under the Certificate of Incorporation or By-Laws of the Company. Notwithstanding anything else herein, this indemnification will not apply to the actions or determinations made by an individual with regard to Awards granted to him or her.
Section 16.Termination.  Unless earlier terminated, the Plan shall terminate with respect to the grant of new Awards on the earlier of the 10-year anniversary of the Effective Date or the 10-year anniversary of the date the Plan was approved by the Board, and no Awards under the Plan shall thereafter be granted; provided that no such termination shall impact Awards that were granted prior to such termination.
Section 17.Fractional Shares.  The Company will not be required to issue any fractional shares of Common Stock pursuant to the Plan. The Committee may provide for the elimination of fractions and settlement of such fractional shares of Common Stock in cash.
Section 18.Discretion.  In exercising, or declining to exercise, any grant of authority or discretion hereunder, the Committee may consider or ignore such factors or circumstances and may accord such weight to such factors and circumstances as the Committee alone and in its sole judgment deems appropriate and without regard to the effect such exercise, or declining to exercise

16


such grant of authority or discretion, would have upon the affected Participant, any other Participant, any Eligible Individual, the Company, any Subsidiary, any affiliate, any shareholder or any other Person.
Section 19.Section 409A.  The Plan and all Awards are intended to comply with, or be exempt from, Section 409A of the Code and all regulations, guidance, compliance programs and other interpretative authority thereunder, and shall be interpreted in a manner consistent therewith. Notwithstanding anything contained herein to the contrary, in the event any Award is subject to Section 409A of the Code, the Committee may, in its sole discretion and without a Participant's prior consent, amend the Plan and/or Award, adopt policies and procedures, or take any other actions as deemed appropriate by the Committee to (i) exempt the Plan and/or any Award from the application of Section 409A of the Code, (ii) preserve the intended tax treatment of any such Award or (iii) comply with the requirements of Section 409A of the Code. In the event that a Participant is a "specified employee" within the meaning of Section 409A of the Code, and a payment or benefit provided for under the Plan would be subject to additional tax under Section 409A of the Code if such payment or benefit is paid within six (6) months after such Participant's separation from service (within the meaning of Section 409A of the Code), then such payment or benefit shall not be paid (or commence) during the six (6) month period immediately following such Participant's separation from service except as provided in the immediately following sentence. In such an event, any payments or benefits that would otherwise have been made or provided during such six (6) month period and which would have incurred such additional tax under Section 409A of the Code shall instead be paid to the Participant in a lump-sum, without interest, on the earlier of (i) the first business day of the seventh month following the month in which such Participant's separation from service occurs or (ii) the tenth business day following such Participant's death (but not earlier than if such delay had not applied). A Participant's right to receive any installment payments under an Award Agreement, including without limitation as the result of any deferral of an Award in accordance with Section 409A of the Code, shall be treated as a right to receive a series of separate payments and, accordingly, each such installment payment shall at all times be considered a separate and distinct payment as permitted under Section 409A of the Code. Notwithstanding anything contained in the Plan or in an Award Agreement to the contrary, neither the Company, any member of the Committee nor any Subsidiary shall have any liability or obligation to any Participant or any other Person for taxes, interest, penalties or fines (including without limitation any of the foregoing resulting from the failure of any Award granted hereunder to comply with, or be exempt from, Section 409A of the Code). Any Award that is to be settled or paid upon a termination of employment or service and that constitutes "non-qualified deferred compensation" under Section 409A of the Code shall not be paid or settled unless such termination of employment or service constitutes a "separation from service" within the meaning of Section 409A of the Code.
Section 20.Governing Law.  The validity and construction of the Plan and any Award Agreements entered into thereunder shall be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania, but without giving effect to the conflict of laws principles thereof.
Section 21.Recoupment/Share Ownership.  Any Award granted pursuant to the Plan (and all shares acquired thereunder) shall be subject to mandatory repayment and clawback as may be required by law or the rules of any applicable securities exchange. Additional recoupment and

17


clawback policies may be provided in the Participant's Award Agreement. In addition, all Awards granted under the Plan (and all shares acquired thereunder) shall be subject to the holding periods set forth in the Company's stock ownership guidelines, as in effect from time to time.
Section 22.Unfunded Plan.  The Plan is an “unfunded” plan for incentive and deferred compensation. With respect to any payments as to which a Participant has a fixed and vested interest but which are not yet made to a Participant by the Company, nothing contained herein shall give any such Participant any rights that are greater than those of a general unsecured creditor of the Company.
Section 23.Other Benefits.  No Award, whether at grant or payment, shall be deemed compensation for purposes of computing benefits under any retirement plan of the Company or shall affect any benefits under any other benefit plan now or subsequently in effect under which the availability or amount of benefits is related to the level of compensation, unless expressly provided to the contrary in such benefit plan.
Section 24.Costs.  The Company shall bear all expenses associated with administering the Plan, including expenses of issuing Common Stock pursuant to any Awards.
Section 25.Section 16(b) of the Exchange Act.  All elections and transactions under the Plan by persons subject to Section 16 of the Exchange Act involving shares of Common Stock are intended to comply with any applicable exemptive condition under Rule 16b-3. The Committee may establish and adopt written administrative guidelines, designed to facilitate compliance with Section 16(b) of the Exchange Act, as it may deem necessary or advisable for the administration and operation of the Plan and the transaction of business thereunder.
Section 26.Successors and Assigns.  The Plan shall be binding on all successors and permitted assigns of a Participant, including the estate of such Participant and the executor, administrator or trustee of such estate.
Section 27.Effective Date.  The Plan was adopted by the Board on February 22, 2024.  The Plan was approved by the shareholders of the Company on April 18, 2024, effective on such date (the “Effective Date”).

18


August 14, 2024

Board of Directors

Innovative Solutions and Support, Inc.

720 Pennsylvania Drive

Exton, PA 19341

Dear Directors:

We are providing this letter solely for inclusion as an exhibit to Innovative Solutions and Support, Inc. (the “Company”") Form 10-Q filing pursuant to Item 601 of Regulation S-K.

As stated in Note 1 to the unaudited condensed consolidated financial statements included in the Company’s Quarterly Report on Form 10-Q for the quarterly period ended June 30, 2024, the Company changed its accounting for depreciation applied to fixed assets. Note 1 also states management’s belief that the newly adopted accounting principle is preferable in the circumstances because the straight-line method will more accurately reflect the pattern of usage and the expected benefits of such assets and provide greater consistency with the depreciation methods used by other companies in the Company’s industry.

With regard to the aforementioned accounting change, it should be understood that authoritative criteria have not been established for evaluating the preferability of one acceptable method of accounting over another acceptable method and, in expressing our concurrence below, we have relied on management’s business planning and judgment and on management’s determination that this change in accounting principle is preferable.

Based on our reading of management’s stated reasons and justification for this change in accounting principle in the Form 10-Q, and our discussions with management as to their judgment about the relevant business planning factors relating to the change, we concur with management that the newly adopted method of accounting is preferable in the Company’s circumstances.

We have not audited the application of the aforementioned accounting change to the financial statements included in Part I of the Company’s Form 10-Q. We also have not audited any consolidated financial statements of the Company as of any date or for any period subsequent to September 30, 2023. Accordingly, we do not express an opinion on whether the accounting for the change in accounting principle has been properly applied or whether the aforementioned financial statements are fairly presented in conformity with accounting principles generally accepted in the United States of America.

Grant Thornton LLP

U.S. member firm of Grant Thornton International Ltd


2

Sincerely,

/s/ GRANT THORNTON LLP

Philadelphia, Pennsylvania

Grant Thornton LLP

U.S. member firm of Grant Thornton International Ltd


EXHIBIT 31.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

I, Shahram Askarpour, certify that:

1.

I have reviewed this quarterly report on Form 10-Q of Innovative Solutions and Support, Inc.;

2.

Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

3.

Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;

4.

The registrant’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the registrant and have:

a)

Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

b)

Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles;

c)

Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

d)

Disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during the registrant’s most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and

5.

The registrant’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant’s auditors and the audit committee of the registrant’s board of directors (or persons performing the equivalent functions):

a)

All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; and

b)

Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant’s internal control over financial reporting.

By:

/s/ Shahram Askarpour

Date: August 14, 2024

Shahram Askarpour

Chief Executive Officer

(Principal Executive Officer)


EXHIBIT 31.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER

I, Jeffrey DiGiovanni, certify that:

1.

I have reviewed this quarterly report on Form 10-Q of Innovative Solutions and Support, Inc.;

2.

Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

3.

Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;

4.

The registrant’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the registrant and have:

a)

Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

b)

Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles;

c)

Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

d)

Disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during the registrant’s most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and

5.

The registrant’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant’s auditors and the audit committee of the registrant’s board of directors (or persons performing the equivalent functions):

a)

All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; and

b)

Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant’s internal control over financial reporting.

By:

/s/ Jeffrey DiGiovanni

Date: August 14, 2024

Jeffrey DiGiovanni

Chief Financial Officer

(Principal Financial Officer and Principal

Accounting Officer)


EXHIBIT 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Innovative Solutions and Support, Inc. (the “Company”) on Form 10-Q for the quarter ended June 30, 2024, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), each of the undersigned officers of the Company certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:

1.

The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

2.

The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.

By:

/s/ Shahram Askarpour

Shahram Askarpour

Chief Executive Officer

(Principal Executive Officer)

August 14, 2024

/s/ Jeffrey DiGiovanni

Jeffrey DiGiovanni

Chief Financial Officer

(Principal Financial Officer and Principal Accounting Officer)

August 14, 2024


v3.24.2.u1
Document and Entity Information - shares
9 Months Ended
Jun. 30, 2024
Aug. 09, 2024
Cover    
Document Type 10-Q  
Document Quarterly Report true  
Document Period End Date Jun. 30, 2024  
Document Transition Report false  
Entity File Number 001-41503  
Entity Registrant Name INNOVATIVE SOLUTIONS AND SUPPORT, INC.  
Entity Incorporation, State or Country Code PA  
Entity Tax Identification Number 23-2507402  
Entity Address, Address Line One 720 Pennsylvania Drive  
Entity Address, City or Town Exton  
Entity Address, State or Province PA  
Entity Address, Postal Zip Code 19341  
City Area Code 610  
Local Phone Number 646-9800  
Title of 12(b) Security Common Stock, par value $0.001 per share  
Trading Symbol ISSC  
Security Exchange Name NASDAQ  
Entity Current Reporting Status Yes  
Entity Interactive Data Current Yes  
Entity Filer Category Non-accelerated Filer  
Entity Small Business true  
Entity Emerging Growth Company false  
Entity Shell Company false  
Entity Common Stock, Shares Outstanding   17,499,955
Entity Central Index Key 0000836690  
Current Fiscal Year End Date --09-30  
Document Fiscal Year Focus 2024  
Document Fiscal Period Focus Q3  
Amendment Flag false  
v3.24.2.u1
CONDENSED CONSOLIDATED BALANCE SHEETS - USD ($)
Jun. 30, 2024
Sep. 30, 2023
Current assets    
Cash and cash equivalents $ 521,041 $ 3,097,193
Accounts receivable 7,329,662 9,743,714
Contract assets 1,098,301 487,139
Inventories 14,540,172 6,139,713
Prepaid inventory 1,899,013 12,069,114
Prepaid expenses and other current assets 984,684 1,073,012
Assets held for sale   2,063,818
Total current assets 26,372,873 34,673,703
Goodwill 4,074,466 3,557,886
Intangible assets, net 16,089,821 16,185,321
Property and equipment, net 11,590,207 7,892,427
Deferred income taxes 1,109,598 456,392
Other assets 545,980 191,722
Total assets 59,782,945 62,957,451
Current liabilities    
Current portion of long-term debt 9,859,074 2,000,000
Accounts payable 3,343,876 1,337,275
Accrued expenses 2,818,405 2,918,325
Contract liability 131,534 143,359
Total current liabilities 16,152,889 6,398,959
Long-term debt   17,500,000
Other liabilities 448,931 421,508
Total liabilities 16,601,820 24,320,467
Commitments and contingencies (See Note 6)
Shareholders' equity    
Preferred stock, 10,000,000 shares authorized, $.001 par value, of which 200,000 shares are authorized as Class A Convertible stock. No shares issued and outstanding at June 30, 2024 and September 30, 2023
Common stock, $.001 par value: 75,000,000 shares authorized, 19,590,156 and 19,543,441 issued at June 30, 2024 and September 30, 2023, respectively 19,589 19,543
Additional paid-in capital 55,043,174 54,317,265
Retained earnings 9,486,899 5,668,713
Treasury stock, at cost, 2,096,451 shares at June 30, 2024 and at September 30, 2023 (21,368,537) (21,368,537)
Total shareholders' equity 43,181,125 38,636,984
Total liabilities and shareholders' equity $ 59,782,945 $ 62,957,451
v3.24.2.u1
CONDENSED CONSOLIDATED BALANCE SHEETS (Parenthetical) - $ / shares
Jun. 30, 2024
Sep. 30, 2023
Preferred stock, shares authorized (in shares) 10,000,000 10,000,000
Preferred stock, par value (in dollars per share) $ 0.001 $ 0.001
Preferred stock, shares issued (in shares) 0 0
Preferred stock, shares outstanding (in shares) 0 0
Common stock, par value (in dollars per share) $ 0.001 $ 0.001
Common stock, shares authorized (in shares) 75,000,000 75,000,000
Common stock, shares issued (in shares) 19,590,156 19,543,441
Treasury stock, shares (in shares) 2,096,451 2,096,451
Class A Convertible stock    
Preferred stock, shares authorized (in shares) 200,000 200,000
v3.24.2.u1
CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS - USD ($)
3 Months Ended 9 Months Ended
Jun. 30, 2024
Jun. 30, 2023
Jun. 30, 2024
Jun. 30, 2023
Net Sales:        
Total net sales $ 11,765,635 $ 7,959,208 $ 31,813,214 $ 21,815,917
Cost of sales:        
Total cost of sales 5,485,814 3,224,562 14,427,868 8,617,317
Gross profit 6,279,821 4,734,646 17,385,346 13,198,600
Operating expenses:        
Research and development 1,099,367 851,296 3,031,630 2,387,939
Selling, general and administrative 3,143,334 2,395,714 9,058,347 7,104,212
Total operating expenses 4,242,701 3,247,010 12,089,977 9,492,151
Operating income 2,037,120 1,487,636 5,295,369 3,706,449
Interest expense (172,784)   (704,267)  
Interest income 5,826 185,652 121,505 432,495
Other income 12,869 90,049 57,040 131,504
Income before income taxes 1,883,031 1,763,337 4,769,647 4,270,448
Income tax expense 330,511 339,958 951,461 877,315
Net income $ 1,552,520 $ 1,423,379 $ 3,818,186 $ 3,393,133
Net income per common share:        
Basic (in dollars per share) $ 0.09 $ 0.08 $ 0.22 $ 0.19
Diluted (in dollars per share) $ 0.09 $ 0.08 $ 0.22 $ 0.19
Weighted average shares outstanding:        
Basic (in shares) 17,461,652 17,576,969 17,455,903 17,415,358
Diluted(in shares) 17,467,259 17,577,588 17,476,089 17,419,265
Product        
Net Sales:        
Total net sales $ 5,127,056 $ 6,575,411 $ 14,446,753 $ 17,608,769
Cost of sales:        
Total cost of sales 2,106,629 2,831,511 6,235,668 7,450,205
Customer Service        
Net Sales:        
Total net sales 6,408,961 1,318,214 15,734,430 3,774,666
Cost of sales:        
Total cost of sales 3,101,875 371,359 7,291,096 1,088,014
Engineering development contracts        
Net Sales:        
Total net sales 229,618 65,583 1,632,031 432,482
Cost of sales:        
Total cost of sales $ 277,310 $ 21,692 $ 901,104 $ 79,098
v3.24.2.u1
CONDENSED CONSOLIDATED STATEMENT OF SHAREHOLDERS' EQUITY - USD ($)
Common Stock
Additional Paid-in Capital
(Accumulated Deficit) Retained Earnings
Treasury Stock
Total
Balance, beginning at Sep. 30, 2022 $ 19,413 $ 52,458,121 $ (359,042) $ (21,368,537) $ 30,749,955
Increase (Decrease) in Stockholders' Equity          
Share-based compensation   233,125     233,125
Exercise of stock options 57 408,789     408,846
Net income     698,651   698,651
Balance, ending at Dec. 31, 2022 19,470 53,100,035 339,609 (21,368,537) 32,090,577
Balance, beginning at Sep. 30, 2022 19,413 52,458,121 (359,042) (21,368,537) 30,749,955
Increase (Decrease) in Stockholders' Equity          
Net income         3,393,133
Balance, ending at Jun. 30, 2023 19,533 54,097,502 3,034,091 (21,368,537) 35,782,589
Balance, beginning at Dec. 31, 2022 19,470 53,100,035 339,609 (21,368,537) 32,090,577
Increase (Decrease) in Stockholders' Equity          
Share-based compensation 48 783,398     783,446
Net income     1,271,103   1,271,103
Balance, ending at Mar. 31, 2023 19,518 53,883,433 1,610,712 (21,368,537) 34,145,126
Increase (Decrease) in Stockholders' Equity          
Share-based compensation 15 214,069     214,084
Net income     1,423,379   1,423,379
Balance, ending at Jun. 30, 2023 19,533 54,097,502 3,034,091 (21,368,537) 35,782,589
Balance, beginning at Sep. 30, 2023 19,543 54,317,265 5,668,713 (21,368,537) 38,636,984
Increase (Decrease) in Stockholders' Equity          
Share-based compensation 6 205,710     205,716
Net income     1,057,350   1,057,350
Balance, ending at Dec. 31, 2023 19,549 54,522,975 6,726,063 (21,368,537) 39,900,050
Balance, beginning at Sep. 30, 2023 19,543 54,317,265 5,668,713 (21,368,537) 38,636,984
Increase (Decrease) in Stockholders' Equity          
Net income         3,818,186
Balance, ending at Jun. 30, 2024 19,589 55,043,174 9,486,899 (21,368,537) 43,181,125
Balance, beginning at Dec. 31, 2023 19,549 54,522,975 6,726,063 (21,368,537) 39,900,050
Increase (Decrease) in Stockholders' Equity          
Share-based compensation 7 269,332     269,339
Net income     1,208,316   1,208,316
Balance, ending at Mar. 31, 2024 19,556 54,792,307 7,934,379 (21,368,537) 41,377,705
Increase (Decrease) in Stockholders' Equity          
Share-based compensation 33 250,867     250,900
Net income     1,552,520   1,552,520
Balance, ending at Jun. 30, 2024 $ 19,589 $ 55,043,174 $ 9,486,899 $ (21,368,537) $ 43,181,125
v3.24.2.u1
CONDENSED CONSOLIDATED STATEMENTS OF CASH FLOWS - USD ($)
9 Months Ended
Jun. 30, 2024
Jun. 30, 2023
CASH FLOWS FROM OPERATING ACTIVITIES:    
Net income $ 3,818,186 $ 3,393,133
Adjustments to reconcile net income to net cash provided by operating activities:    
Depreciation and amortization 1,437,232 258,892
Share-based compensation expense    
Stock options 265,024 646,172
Stock awards 460,931 584,483
Gain on disposal of property and equipment (160,577)  
Impairment of long-lived assets   44,400
Deferred income taxes (623,683) (597,221)
(Increase) decrease in:    
Accounts receivable 2,414,052 (1,646,558)
Contract assets (611,162) (89,420)
Inventories (3,275,938) (393,509)
Prepaid expenses and other current assets 309,943 (71,679)
Other non-current assets (364,041) (104,626)
Increase (decrease) in:    
Accounts payable 2,006,601 58,251
Accrued expenses (92,237) (854,793)
Income taxes (221,615) (133,370)
Contract liabilities (11,825) (156,230)
Net cash provided by operating activities 5,350,891 937,925
CASH FLOWS FROM INVESTING ACTIVITIES:    
Purchases of property and equipment (511,927) (165,084)
Proceeds from the sale of property and equipment 2,225,810  
Acquisition of a business   (35,860,000)
Net cash provided by (used in) investing activities 1,713,883 (36,025,084)
CASH FLOWS FROM FINANCING ACTIVITIES:    
Repayments of term note (19,500,000)  
Proceeds from line of credit note 29,044,688  
Repayments of line of credit note (19,185,614)  
Proceeds from term note   20,000,000
Proceeds from exercise of stock options   408,846
Net cash (used in) provided by financing activities (9,640,926) 20,408,846
Net (decrease) increase in cash and cash equivalents (2,576,152) (14,678,313)
Cash and cash equivalents, beginning of year 3,097,193 17,250,546
Cash and cash equivalents, end of year 521,041 2,572,233
SUPPLEMENTAL DISCLOSURE OF CASH FLOW INFORMATION    
Cash paid for income taxes 1,913,456 $ 1,608,506
SUPPLEMENTAL DISCLOSURE OF NONCASH INFORMATION    
Transfer from prepaid inventory to purchases of property and equipment 3,729,000  
Transfer from prepaid inventory to inventory 5,124,521  
Transfer from prepaid inventory to goodwill 516,580  
Transfer from prepaid inventory to intangible assets, net $ 800,000  
v3.24.2.u1
Summary of Significant Accounting Policies
9 Months Ended
Jun. 30, 2024
Summary of Significant Accounting Policies  
Summary of Significant Accounting Policies

1. Summary of Significant Accounting Policies

Certain of Innovative Solutions and Support, Inc.’s (the “Company,” “IS&S,” “we” or “us”) significant accounting policies are described below. All of the Company’s significant accounting policies are disclosed in the notes to the Company’s audited consolidated financial statements included in the Company’s Annual Report on Form 10-K for the fiscal year ended September 30, 2023.

Description of the Company

The Company was incorporated in Pennsylvania on February 12, 1988. The Company operates in one business segment as a systems integrator that designs, develops, manufactures, sells and services air data equipment, engine display systems, standby equipment, primary flight guidance, autothrottles and cockpit display systems for retrofit applications and original equipment manufacturers (“OEMs”). The Company supplies integrated flight management systems (“FMS”), flat panel display systems (“FPDS”), FPDS with autothrottle, air data equipment, integrated standby units, integrated standby units with autothrottle and advanced Global Positioning System (“GPS”) receivers that enable reduced carbon footprint navigation, communication and navigation products and inertial reference units.

The Company has continued to position itself as a system integrator, which capability provides the Company with the potential to generate more substantive orders over a broader product base. This strategy, as both a manufacturer and integrator, is designed to leverage the latest technologies developed for the computer and telecommunications industries into advanced and cost-effective solutions for the general aviation, commercial air transport and, United States Department of Defense (“DoD”)/governmental and foreign military markets. This approach, combined with the Company’s industry experience, is designed to enable IS&S to develop high-quality products and systems, to reduce product time to market and to achieve cost advantages over products offered by its competitors.

On June 30, 2023 (the “Acquisition Date”), the Company entered into an Asset Purchase and License Agreement with Honeywell International, Inc. (“Honeywell”) whereby Honeywell sold certain assets and granted perpetual license rights to manufacture and sell licensed products related to its inertial, communication and navigation product lines (the “Product Lines”) to the Company (the “Transaction”). The Transaction involved a sale of certain inventory, equipment and customer-related documents; an assignment of certain customer contracts; and a grant of exclusive and non-exclusive licenses to use certain Honeywell intellectual property related to its inertial, communication and navigation product lines to repair, overhaul, manufacture sell, import, export and distribute certain products to the Company. See Acquisition within Note 2, “Supplemental Balance Sheet Disclosures” below for more details.

Basis of Presentation

The accompanying unaudited condensed consolidated financial statements are presented pursuant to the rules and regulations of the United States Securities and Exchange Commission (the “SEC”) in accordance with the disclosure requirements for the quarterly report on Form 10-Q and, therefore, do not include all of the information and footnotes required by generally accepted accounting principles in the United States (“GAAP”) for complete annual financial statements. In the opinion of Company management, the unaudited condensed consolidated financial statements reflect all adjustments (consisting of normal recurring adjustments) necessary to state fairly the results for the interim periods presented. The condensed consolidated balance sheet as of September 30, 2023 is derived from the audited financial statements of the Company. Operating results for the three- and nine-month periods ended June 30, 2024 are not necessarily indicative of the results that may be expected for the fiscal year ending September 30, 2024 which cannot be determined at this time. These unaudited condensed consolidated financial statements should be read in conjunction with the audited consolidated financial statements and notes of the Company included in the Company’s Annual Report on Form 10-K for the fiscal year ended September 30, 2023.

Principles of Consolidation

The Company’s condensed consolidated financial statements include the accounts of its wholly-owned subsidiaries. All intercompany balances and transactions have been eliminated in consolidation.

Use of Estimates

The financial statements of the Company have been prepared in accordance with GAAP, which require management to make estimates and assumptions that affect the amounts reported in the financial statements. Actual results could differ from those estimates. Estimates are used in accounting for, among other items, valuation of tangible and intangible assets acquired, long term contracts, evaluation of allowances for doubtful accounts, inventory obsolescence, product warranty cost liabilities, income taxes, engineering and material costs on Engineering Development Contract (“EDC”) programs, percentage of completion on EDC contracts, the useful lives of long-lived assets for depreciation and amortization, the recoverability of long-lived assets, evaluation of goodwill impairment and contingencies. Estimates and assumptions are reviewed periodically and the effects of changes, if any, are reflected in the condensed consolidated statements of operations in the period they are determined.

Principles of Acquisitions

The Company evaluates each of its acquisitions in accordance with Financial Accounting Standards Board (“FASB”) Accounting Standards Codification (“ASC”) Topic 805, “Business Combinations” (“ASC 805”), to determine whether the transaction is a business combination or an asset acquisition. In determining whether an acquisition should be accounted for as a business combination or an asset acquisition, the Company first performs a screen test to determine whether substantially all of the fair value of the gross assets acquired is concentrated in a single identifiable asset or a group of similar identifiable assets. If this is the case, the acquired set is not deemed to be a business and is instead accounted for as an asset acquisition. If this is not the case, the Company then further evaluates whether the acquired set includes, at a minimum, an input and a substantive process that together significantly contribute to the ability to create outputs. If so, the Company concludes that the acquired set is a business.

The Company accounts for business acquisitions using the acquisition method of accounting. Under this method of accounting, assets acquired and liabilities assumed are recorded at their respective fair values at the date of the acquisition. When determining the fair values of assets acquired and liabilities assumed, management makes significant estimates and assumptions. The Company’s estimates of fair value are based upon assumptions believed to be reasonable, but are inherently uncertain and unpredictable and, as a result, actual results may differ from estimates. Any excess of the purchase price over the fair value of the net assets acquired is recognized as goodwill.

During the measurement period, which may be up to one year from the acquisition date, the Company adjusts the provisional amounts of assets acquired and liabilities assumed with the corresponding offset to goodwill to reflect new information obtained about facts and circumstances that existed as of the acquisition date that, if known, would have affected the measurement of the amounts recognized as of that date. Upon the conclusion of the measurement period or final determination of the values of assets acquired or liabilities assumed, whichever comes first, any subsequent adjustments are recorded within the Company’s condensed consolidated statements of operations.

Intangible Assets

The Company’s identifiable intangible assets primarily consist of license agreement and customer relationships. Intangible assets acquired in a business combination are recognized at fair value using generally accepted valuation methods deemed appropriate for the type of intangible asset acquired and are reported separately from any goodwill recognized.

Intangible assets with a finite life are amortized over their estimated useful life and are reported net of accumulated amortization. They are assessed for impairment in accordance with the Company’s policy on assessing long-lived assets for impairment described in the notes of the Company’s audited consolidated financial statements included in the Company’s Annual Report on Form 10-K for the fiscal year ended September 30, 2023.

Indefinite-lived intangible assets are not amortized, but are subject to an annual impairment test, or when events or circumstances dictate, more frequently. The impairment review for indefinite-lived intangible assets can be performed using a qualitative or quantitative impairment assessment. The quantitative assessment consists of a comparison of the fair value of the indefinite-lived intangible asset with its carrying amount. If the carrying amount exceeds its fair value, an impairment loss is recognized in an amount equal to that excess. If the fair value exceeds its carrying amount, the indefinite-lived intangible asset is not considered impaired.

Goodwill

Goodwill represents the future economic benefit arising from other assets acquired that could not be individually identified and separately recognized. The recorded amounts of goodwill from business combinations are based on management’s best estimates of the fair values of assets acquired and liabilities assumed at the date of acquisition. Goodwill is assigned to the reporting units that are

expected to benefit from the synergies of the business combination that generated the goodwill. The Company’s goodwill impairment test is performed at the reporting unit level. Reporting units are determined based on an evaluation of the Company’s operating segments and the components making up those operating segments.

Goodwill is tested for impairment at fiscal year-end September 30 or in an interim period if certain changes in circumstances indicate a possibility that an impairment may exist. Factors to consider that may indicate an impairment may exist are:

macroeconomic conditions;
industry and market considerations, such as a significant adverse change in the business climate;
cost factors;
overall financial performance, such as current-period operating results or cash flow declines combined with a history of operating results or cash flow declines;
a projection or forecast that demonstrates continuing declines in the cash flow or the inability to improve the operations to forecasted levels; and
any entity-specific events.

If the Company determines that it is more likely than not that the fair value of the reporting unit is below the carrying amount as part of its qualitative assessment, a quantitative assessment of goodwill is required. In the quantitative evaluation, the fair value of the reporting unit is determined and compared to the carrying value. If the fair value is greater than the carrying value, then the goodwill is deemed not to be impaired and no further action is required. If the fair value is less than the carrying value, goodwill is considered impaired and a charge is reported as impairment of goodwill in the condensed consolidated statements of operations.

Fair Value of Financial Instruments

The net carrying amounts of cash and cash equivalents, accounts receivable and accounts payable approximate their fair value because of the short-term nature of these instruments. The carrying value of our debt approximates fair value as the interest rate is variable and approximates current market levels. For financial assets and liabilities measured at fair value on a recurring basis, fair value is the price the Company would receive to sell an asset or pay to transfer a liability in an orderly transaction with a market participant at the measurement date. A three-level fair value hierarchy prioritizes the inputs used to measure fair value as follows:

Level 1 — Unadjusted quoted prices that are available in active markets for the identical assets or liabilities at the measurement date.

Level 2 — Other observable inputs available at the measurement date, other than quoted prices included in Level 1, either directly or indirectly, including:

Quoted prices for similar assets or liabilities in active markets;
Quoted prices for identical or similar assets in non-active markets;
Inputs other than quoted prices that are observable for the asset or liability; and
Inputs that are derived principally from or corroborated by other observable market data.

Level 3 — Unobservable inputs that cannot be corroborated by observable market data and reflect the use of significant management judgment. These values are generally determined using pricing models for which the assumptions utilize management’s estimates of market participant assumptions.

The following table sets forth by level within the fair value hierarchy the Company’s financial assets and liabilities that were accounted for at fair value on a recurring basis as of June 30, 2024 and September 30, 2023, according to the valuation techniques the Company used to determine their fair values.

Fair Value Measurement on June 30, 2024

    

Quoted Price in

    

Significant Other

    

Significant

Active Markets for

Observable

Unobservable

Identical Assets

Inputs

Inputs

(Level 1)

(Level 2)

(Level 3)

Assets

Cash and cash equivalents:

Money market funds

$

499,787

$

$

Fair Value Measurement on September 30, 2023

    

Quoted Price in

    

Significant Other

    

Significant

Active Markets for

Observable

Unobservable

Identical Assets

Inputs

Inputs

(Level 1)

(Level 2)

(Level 3)

Assets

Cash and cash equivalents:

Money market funds

$

3,665,128

$

$

The June 30, 2024 money market funds balance differs from the cash and cash equivalents balance on the condensed consolidated balance sheet due to the timing of sweep transactions within the PNC cash investment accounts.

Revenue Recognition

The Company enters into sales arrangements with customers that, in general, provide for the Company to design, develop, manufacture, deliver and service large flat-panel display systems, flight information computers, autothrottles and advanced monitoring systems that measure and display critical flight information, including data relative to aircraft separation, airspeed, altitude and engine and fuel data measurements.

Revenue from Contracts with Customers

The Company accounts for revenue in accordance with ASC 606, “Revenue from Contracts with Customers” (“ASC 606”). The core principle of ASC 606 is that an entity recognizes revenue when a customer obtains control of promised goods or services. The amount of revenue recognized reflects the consideration to which the Company expects to be entitled to receive in exchange for these goods or services. To achieve this core principle, the Company applies the following five steps:

1)

Identify the contract with a customer

The Company’s contract with its customers typically is in the form of a purchase order issued to the Company by its customers and, to a lesser degree, in the form of a purchase order issued in connection with a formal contract executed with a customer. For the purpose of accounting for revenue under ASC 606, a contract with a customer exists when (i) the Company enters into an enforceable contract with a customer that defines each party’s rights regarding the goods or services to be transferred and identifies the payment terms related to these goods or services, (ii) the contract has commercial substance and, (iii) the Company determines that collection of substantially all consideration for goods or services that are transferred is probable based on the customer’s intent and ability to pay the promised consideration. The Company applies judgment in determining the customer’s ability and intention to pay, which is based on a variety of factors including the customer’s historical payment experience or, in the case of a new customer, published credit and financial information pertaining to the customer.

2)

Identify the performance obligations in the contract

Performance obligations promised in a contract are identified based on the goods or services that will be transferred to the customer that are both capable of being distinct, whereby the customer can benefit from the good or service either on its own or together with other resources that are readily available from third parties or from the Company, and are distinct in the context of the contract, whereby the transfer of the goods or services is separately identifiable from other promises in the contract. Most of our revenue is

derived from purchases under which we provide a specific product or service and, as a result, there is only one performance obligation. In the event that a contract includes multiple promised goods or services, such as an EDC contract which includes both engineering services and a resulting product shipment, the Company must apply judgment to determine whether promised goods or services are capable of being distinct in the context of the contract. In these cases, the Company considers whether the customer could, on its own, or together with other resources that are readily available from third parties, produce the physical product using only the output resulting from the Company’s completion of engineering services. If the customer cannot produce the physical product, then the promised goods or services are accounted for as a combined performance obligation.

3)

Determine the transaction price

The transaction price is determined based on the consideration to which the Company will be entitled in exchange for transferring goods or services to the customer. To the extent the transaction price includes variable consideration, the Company estimates the amount of variable consideration that should be included in the transaction price utilizing either the expected value method or the most likely amount method depending on the nature of the variable consideration. Variable consideration is included in the transaction price if, in the Company’s judgment, it is probable that a significant future reversal of cumulative revenue under the contract will not occur.

4)

Allocate the transaction price to performance obligations in the contract

If the contract contains a single performance obligation, the entire transaction price is allocated to the single performance obligation. If the contract contains multiple performance obligation, the Company determines standalone selling price based on the price at which each performance obligation is sold separately. If the standalone selling price is not observable through past transactions, the Company estimates the standalone selling price by taking into account available information such as market conditions as well as the cost of the goods or services and the Company’s normal margins for similar performance obligations.

5)Recognize revenue when or as the Company satisfies a performance obligation

The Company satisfies performance obligations either over time or at a point in time as discussed in further detail below. Revenue is recognized at the time the related performance obligation is satisfied by transferring a promised good or service to a customer. The Company has also recognized revenue from EDC contracts and is recognized over time using an input measure (e.g., costs incurred to date relative to total estimated costs at completion) to measure progress. Contract costs include material, components and third-party avionics purchased from suppliers, direct labor and overhead costs.

Contract Estimates

Accounting for performance obligations in long-term contracts that are satisfied over time involves the use of various techniques to estimate progress towards satisfaction of the performance obligation. The Company typically measures progress based on costs incurred compared to estimated total contract costs. Contract cost estimates are based on various assumptions to project the outcome of future events that often span more than a single year. These assumptions include the amount of labor and labor costs, the quantity and cost of raw materials used in the completion of the performance obligation and the complexity of the work to be performed.

As a significant change in one or more of these estimates could affect the profitability of our contracts, we review and update our contract-related estimates regularly. We recognize adjustments in estimated profit on contracts under the cumulative catch-up method. Under this method, the impact of the adjustment on profit recorded to date is recognized in the period the adjustment is identified. Revenue and profit in future periods of contract performance is recognized using the adjusted estimate. If at any time the estimate of contract profitability indicates an anticipated loss on the contract, we recognize the total loss in the quarter in which it is identified.

The impact of adjustments in contract estimates on our operating earnings can be reflected in either operating costs and expenses or revenue. The aggregate impact of adjustments in contract estimates did not change our revenue and operating earnings (and diluted earnings per share) for the three- and nine-month periods ended June 30, 2024 and 2023. Therefore, no adjustment on any contract was material to our condensed consolidated financial statements for the three- and nine-month periods ended June 30, 2024 and 2023.

Contract Balances

Contract assets consist of the right to consideration in exchange for product offerings that we have transferred to a customer under the contract. Contract liabilities primarily relate to consideration received in advance of performance under the contract. The following table reflects the Company’s contract assets and contract liabilities:

Contract

Contract

Assets

Liabilities

September 30, 2023

$

487,139

$

143,359

Amount transferred to receivables from contract assets

 

(363,719)

Contract asset additions

 

974,881

Performance obligations satisfied during the period that were included in the contract liability balance at the beginning of the period

 

(99,045)

Increases due to invoicing prior to satisfaction of performance obligations

 

87,220

June 30, 2024

$

1,098,301

$

131,534

Concentrations

Major Customers and Products

In the three-month period ended June 30, 2024, two customers, Pilatus Aircraft Ltd (“Pilatus”) and Lufthansa Technik AG, accounted for 21% and 10% of net sales, respectively. In the nine-month period ended June 30, 2024, one customer, Pilatus accounted for 26% of net sales.

In the three-month period ended June 30, 2023, three customers, Pilatus, Air Transport Services Group (“ATSG”) and Textron Aviation, Inc. (“Textron”), accounted for 25%, 24% and 10% of net sales, respectively. In the nine-month period ended June 30, 2023, three customers, Pilatus, ATSG and Textron, accounted for 27%, 18% and 10% of net sales, respectively.

Major Suppliers

The Company buys several of its components from sole source suppliers. Although there are a limited number of suppliers of particular components, management believes other suppliers could provide similar components on comparable terms.

For the three- and nine-month periods ended June 30, 2024, the Company had two and one suppliers, respectively, that were individually responsible for greater than 10% of the Company’s total inventory related purchases.

For the three- and nine-month periods ended June 30, 2023, the Company had four suppliers, respectively, that were individually responsible for greater than 10% of the Company’s total inventory related purchases.

Concentration of Credit Risk

Financial instruments that potentially subject the Company to concentration of credit risk consist principally of cash balances and accounts receivable. The Company invests its excess cash where preservation of principal is the major consideration. Cash balances are maintained with two major banks. Balances on deposit with certain money market accounts and operating accounts may exceed the Federal Deposit Insurance Corporation limits. The Company’s customer base consists principally of companies within the aviation industry. The Company requests advance payments and/or letters of credit from customers that it considers to be credit risks.

Change in Accounting Estimate

Effective April 1, 2024, the Company changed its method of computing depreciation from accelerated methods to the straight-line method for the Company’s property and equipment, except for the manufacturing facility which was already depreciating using the straight-line method. Based on ASC 250, “Accounting Changes and Error Corrections”, the Company determined that the change in depreciation method from an accelerated method to a straight-line method is a change in accounting estimate affected by a change in accounting principle. Per the guidance, a change in accounting estimate affected by a change in accounting principle is to be applied prospectively. The change is considered preferable because the straight-line method will more accurately reflect the pattern of usage

and the expected benefits of such assets and provide greater consistency with the depreciation methods used by other companies in the Company’s industry. The net book value of assets acquired with useful lives remaining will be depreciated using the straight-line method prospectively. As a result of the change to the straight-line method of depreciating the assets, accumulated depreciation and depreciation expense decreased by $113,000 for the three- and nine-month periods ended June 30, 2024.

Recently Adopted Accounting Pronouncements

In June 2016, FASB issued ASU 2016-13, “Financial Instruments Credit Losses (Topic 326): Measurement of Credit Losses on Financial Instrument” (“ASU 2016-13”). ASU 2016-13 replaces the incurred loss impairment methodology in current GAAP with a methodology that reflects expected credit losses and requires consideration of a broader range of reasonable and supportable information to inform credit loss estimates. ASU 2016-13 is effective for SEC small business filers for fiscal years beginning after December 15, 2022. The adoption of this standard did not have a material impact on our condensed consolidated financial statements or related disclosures.

v3.24.2.u1
Supplemental Balance Sheet Disclosures
9 Months Ended
Jun. 30, 2024
Supplemental Balance Sheet Disclosures  
Supplemental Balance Sheet Disclosures

2. Supplemental Balance Sheet Disclosures

Acquisition

On June 30, 2023, the Company entered into an Asset Purchase and License Agreement with Honeywell whereby Honeywell sold certain assets and granted perpetual license rights to manufacture and sell licensed products related to its inertial, communication and navigation product lines to the Company. The Transaction involves a sale of certain inventory, equipment and customer-related documents; an assignment of certain customer contracts; and a grant of exclusive and non-exclusive licenses to use certain Honeywell intellectual property related to its inertial, communication and navigation product lines to repair, overhaul, manufacture sell, import, export and distribute certain products to the Company. The Transaction allows the Company to diversify its product offerings in the aerospace industry. The Company determined that the Transaction met the definition of a business under ASC 805; therefore, the Company accounted for the Transaction as a business combination and applied the acquisition method of accounting.

In connection with the Transaction, the Company entered into a term loan with PNC Bank, National Association for $20.0 million to fund a portion of the Transaction (the “Term Loan”) – refer to Note 9, “Loan Agreement” for further details. The purchase consideration transferred at the Acquisition Date was $35.9 million, which was entirely cash.

In the third quarter of 2024 and within one year from the Acquisition Date, the Company finalized its accounting of the Transaction. The following purchase price allocation table presents the Company's estimates of the fair value of assets acquired and liabilities assumed as of the Acquisition Date, and subsequent measurement period adjustments recorded during the one-year period ended June 30, 2024:

Amounts Recognized as of

    

Acquisition Date

    

Measurement

    

Purchase Price

(as previously reported)

Period Adjustments

Allocation

Cash consideration

$

35,860,000

$

$

35,860,000

Total consideration

$

35,860,000

$

$

35,860,000

Prepaid inventory (a)

$

10,036,160

$

(3,012,626)

(d)

$

7,023,534

Equipment

2,609,000

3,675,000

(d)

6,284,000

Construction in progress

1,238,000

1,238,000

Intangible assets (b)

20,900,000

(3,660,000)

(d)

17,240,000

Goodwill (c)

4,608,041

(533,575)

(d)(e)

4,074,466

Assets acquired

39,391,201

(3,531,201)

35,860,000

Accrued expenses

(3,531,201)

3,531,201

(e)

Liabilities assumed

(3,531,201)

3,531,201

Net assets acquired

$

35,860,000

$

$

35,860,000

(a)Prepaid inventory consists of raw materials and finished goods acquired by the Company but not in the Company’s physical possession as of the Acquisition Date. The fair value of raw materials was estimated to equal the replacement cost. The fair
value of finished goods was determined based on the estimated selling price, net of selling costs and a margin on the selling activities, which resulted in a change in the value of the finished goods.
(b)Intangible assets consist of license agreement related to the license rights to use certain Honeywell intellectual property and customer relationships and are recorded at estimated fair values. The estimated fair value of the license agreement is based on a variation of the income valuation approach and is determined using the relief from royalty method. The estimated fair value of the customer relationships is based on a variation of the income valuation approach known as the multi-period excess earnings method. Refer to Intangible assets within Note 2, “Supplemental Balance Sheet Disclosures” for further details.
(c)Goodwill represents the excess of the purchase consideration over the estimated fair value of the assets acquired and liabilities assumed. The goodwill recognized is primarily attributable to the expected synergies from the Transaction. Goodwill resulting from the Transaction has been assigned to the Company’s one operating segment and one reporting unit. The goodwill is not expected to be deductible for income tax purposes. Further, the Company determined that the goodwill was not impaired as of June 30, 2024 and as such, no impairment charges have been recorded for the three- and nine-month periods ended June 30, 2024; the Company also determined that the goodwill was not impaired as of September 30, 2023.

(d)

In the third quarter of 2024 and within one year from the Acquisition Date, the Company identified measurement period adjustments related to fair value estimates. The measurement period adjustments were due to the refinement of inputs used to calculate the fair value of the prepaid inventory, equipment, license agreement and customer relationships based on facts and circumstances that existed as of the Acquisition Date. One of the refinements of inputs used was a change in classification of prepaid inventory to equipment of $3.7 million. The adjustments resulted in an overall increase to goodwill of $3.0 million. As a result of the measurement period adjustments to the estimated fair values of equipment and customer relationships, during the third quarter of 2024, the Company recognized $218,623 additional depreciation expense in cost of sales and $67,500 additional amortization expense in selling, general and administrative respectively, related to the effects that would have been recognized in previous quarters if the measurement period adjustments were recognized as of the Acquisition Date. For the remaining measurement period adjustments, the change to the preliminary fair value estimates did not have a material impact to the condensed consolidated statement of operations.

(e)

During the fourth quarter of 2023, the Company identified measurement period adjustments related to the fair value estimates for accrued expenses. While the Asset Purchase and License Agreement indicated an amount of liabilities related to open supplier purchase orders to be assumed by the Company as of the Acquisition Date, it was determined that there were no actual liabilities outstanding related to these open supplier purchase orders as of the Acquisition Date; therefore, the $3.5 million assumed liabilities preliminarily recorded were reversed. The adjustments resulted in an overall decrease to goodwill of $3.5 million; the adjustments have no impact to the condensed consolidated statement of operations.

Transition services agreement

Concurrent with the Transaction, the Company entered into a transition services agreement (the “TSA”) with Honeywell, at no additional costs, to receive certain transitional services and technical support during the transition service period. The Company accounted for the TSA separate from business combination and have recognized $140,000 in prepaid expenses and other current assets at September 30, 2023 within the condensed consolidated balance sheets for the services to be received in the future from Honeywell. The prepaid expense related to the TSA was determined using the with and without method.

Acquisition and related costs

In connection with the Transaction, the Company incurred no acquisition costs for the three- and nine-month periods ended June 30, 2024. The Company incurred acquisition costs of $408,961, which were expensed as incurred and included in selling, general and administrative expenses in the condensed consolidated statement of operations for the year ended September 30, 2023; of that amount, the Company incurred acquisition costs of $262,099, which were expensed as incurred and included in selling, general and administrative expenses in the condensed consolidated statement of operations for the three- and nine-month periods ended June 30, 2023. The debt issuance costs related to the Term Loan were not material.

Unaudited pro forma information

The following unaudited pro forma summary presents consolidated information of the Company, including the Product Lines, as if the Transaction had occurred on October 1, 2021:

Three Months Ended

Nine Months Ended

    

June 30, 2023

Net sales

$

12,035,209

$

36,846,252

Net income

$

2,859,238

$

7,760,831

These pro forma results are for illustrative purposes and are not indicative of the actual results of operations that would have been achieved nor are they indicative of future results of operations. The unaudited pro forma information for all periods presented was adjusted to give effect to pro forma events that are directly attributable to the Transaction and are factually supportable. The unaudited pro forma results do not include any incremental cost savings that may result from the integration.

Inventories

Inventories are stated at the lower of cost (first-in, first-out) or net realizable value, net of write-downs for excess and obsolete inventory and consist of the following:

    

June 30, 

    

September 30, 

2024

2023

Raw materials

$

12,277,086

$

5,162,177

Work-in-process

 

1,242,259

 

966,888

Finished goods

 

1,020,827

 

10,648

$

14,540,172

$

6,139,713

Prepaid expenses and other current assets

Prepaid expenses and other current assets consist of the following:

    

June 30, 

    

September 30, 

2024

2023

Prepaid insurance

$

157,771

$

623,186

Other

 

826,913

 

449,826

984,684

$

1,073,012

Intangible assets

The Company’s intangible assets other than goodwill are as follows:

    

As of June 30, 2024

    

Gross Carrying

    

Accumulated

    

Accumulated

    

Net Carrying

Value

 

Impairment

 

Amortization

 

Value

License agreement acquired from the Transaction (a)

$

5,600,000

$

$

$

5,600,000

Customer relationships acquired from the Transaction (a)

 

11,640,000

 

 

(1,164,000)

 

10,476,000

Licensing and certification rights (b)

 

696,506

 

(44,400)

 

(638,285)

 

13,821

Total

$

17,936,506

$

(44,400)

$

(1,802,285)

$

16,089,821

As of September 30, 2023

    

Gross Carrying

    

Accumulated

    

Accumulated

    

Net Carrying

 

Value

 

Impairment

 

Amortization

 

Value

License agreement acquired from the Transaction (a)

$

5,700,000

$

$

$

5,700,000

Customer relationships acquired from the Transaction (a)

 

10,740,000

 

 

(268,500)

 

10,471,500

Licensing and certification rights (b)

 

696,506

 

(44,400)

 

(638,285)

 

13,821

Total

$

17,136,506

$

(44,400)

$

(906,785)

$

16,185,321

(a)

As part of the Transaction, the Company acquired intangible assets related to the license agreement for the license rights to use certain Honeywell intellectual property and customer relationships. The license agreement has an indefinite life and is not subject to amortization; the customer relationships have an estimated weighted average life of nine years. The Company determined that the intangible assets were not impaired as of June 30, 2024 and September 30, 2023; no impairment charges have been recorded for the three- and nine-month periods ended June 30, 2024.

(b)

The licensing and certification rights are amortized over a defined number of units. No impairment charges were recorded during the three-and nine-month periods ended June 30, 2024. An impairment charge of $44,400 was recorded during the three-and nine-month periods ended June 30, 2023.

Intangible asset amortization expense was $358,500 and $1,063 for the three-month periods ended June 30, 2024 and 2023, respectively. Intangible asset amortization expense for the three-month periods ended June 30, 2024 and 2023 was charged to selling, general and administrative expense.

Intangible asset amortization expense was $895,500 and $1,063 for the nine-month periods ended June 30, 2024 and 2023, respectively. Intangible asset amortization expense for the nine-month periods ended June 30, 2024 and 2023 was charged to selling, general and administrative expense.

The timing of future amortization expense is not determinable for the licensing and certification rights because they are amortized over a defined number of units. The expected future amortization expense related to the customer relationships as of June 30, 2024 is as follows:

2024 (three months remaining)

    

$

291,000

2025

1,164,000

2026

1,164,000

2027

 

1,164,000

2028

 

1,164,000

Thereafter

 

5,529,000

Total

$

10,476,000

Assets Held for Sale

As of September 30, 2023, the Company classified $2.1 million of net property and equipment as “assets held for sale” on the condensed consolidated balance sheet. During the fourth quarter 2023, management of the Company implemented a plan to sell a Company-owned aircraft and commenced efforts to locate a buyer for the aircraft. On November 20, 2023, the Company sold its assets held for sale, the King Air aircraft, for $2.3 million. The resultant gain on the sale of $162,000 is a reduction to selling, general and administrative expense in the quarter ended December 31, 2023.

Property and equipment

Property and equipment, net consists of the following:

    

June 30, 

    

September 30, 

2024

2023

Computer equipment

$

2,405,850

$

2,343,996

Furniture and office equipment

 

984,206

 

970,230

Manufacturing facility

 

6,198,690

 

5,926,584

Equipment

 

13,025,229

 

9,554,197

Land

 

1,021,245

 

1,021,245

 

23,635,220

 

19,816,252

Less accumulated depreciation and amortization

 

(12,045,013)

 

(11,923,825)

$

11,590,207

$

7,892,427

Depreciation and amortization related to property and equipment was $252,655 and $86,439 for the three-month periods ended June 30, 2024 and 2023, respectively.

Depreciation and amortization related to property and equipment was approximately $541,732 and $257,829 for the nine-month periods ended June 30, 2024 and 2023, respectively.

Other assets

Other assets consist of the following:

    

June 30, 

    

September 30, 

2024

2023

Operating lease right-of-use assets

$

5,282

$

15,065

Other non-current assets

 

540,698

 

176,657

$

545,980

$

191,722

Other non-current assets as of June 30, 2024 includes deferred ERP implementation costs, a supplier credit from one of our suppliers and a deposit for medical claims required under the Company’s medical plan. Other non-current assets as of September 30, 2023 includes a supplier credit from one of our suppliers, a deposit for medical claims required under the Company’s medical plan and an airplane hanger deposit. In addition, other non-current assets as of June 30, 2024 and September 30, 2023 includes $38,795 and $53,585, respectively, of prepaid software licenses that will be earned upon the shipment of a certain product to a customer. Other non-current assets amortization expense was $5,277 and $2,601 for the three-month periods ended June 30, 2024 and 2023, respectively. Other non-current assets amortization expense was $14,790 and $2,601 for the nine-month periods ended June 30, 2024 and 2023, respectively.

Accrued expenses

Accrued expenses consist of the following:

    

June 30, 

    

September 30, 

2024

2023

Warranty

$

550,081

$

562,645

Salary, benefits and payroll taxes

 

1,173,868

 

1,181,219

Professional fees

 

419,082

 

200,668

Operating lease

5,282

12,965

Income tax payable

116,697

Other

 

670,092

 

844,131

$

2,818,405

$

2,918,325

Warranty cost and accrual information for the three- and nine-month periods ended June 30, 2024 is highlighted below:

    

Three Months Ending

Nine Months Ended

    

June 30, 2024

    

June 30, 2024

Warranty accrual, beginning of period

$

574,971

$

562,645

Accrued expense

 

8,477

 

81,688

Warranty cost

 

(33,367)

 

(94,252)

Warranty accrual, end of period

$

550,081

$

550,081

v3.24.2.u1
Income Taxes
9 Months Ended
Jun. 30, 2024
Income Taxes  
Income Taxes

3. Income Taxes

The Company will continue to assess all available evidence during future periods to evaluate any changes to the realization of its deferred tax assets. If the Company were to determine that it would be able to realize additional state deferred tax assets in the future, it would make an adjustment to the valuation allowance which would reduce the provision for income taxes.

As a result of the 2017 Tax Cuts and Jobs Act, the Company must amortize amounts paid or incurred for specified research and development expenditures, including software development expenses, ratably over 60 months, beginning at the mid-point of the tax year in which the expenditures are paid or incurred.

The effective tax rate for the three-month periods ended June 30, 2024 and 2023 were 17.6% and 19.3%, respectively. This effective tax rate differs from the statutory tax rate primarily due to an increased R&D credit, as well as permanent items and state taxes.

The effective tax rate for the nine-month periods ended June 30, 2024 and 2023 were 19.9% and 20.5%, respectively. This effective tax rate differs from the statutory tax rate primarily due to an increased R&D credit, as well as permanent items and state taxes.

v3.24.2.u1
Shareholders' Equity and Share-Based Payments
9 Months Ended
Jun. 30, 2024
Shareholders' Equity and Share-Based Payments  
Shareholders' Equity and Share-Based Payments

4. Shareholders’ Equity and Share-Based Payments

At June 30, 2024, the Company’s Amended and Restated Articles of Incorporation provides the Company authority to issue 75,000,000 shares of common stock and 10,000,000 shares of preferred stock.

Share-Based Compensation

The Company accounts for share-based compensation under the provisions of ASC Topic 718, “Compensation – Stock Compensation”, by using the fair value method for expensing stock options and stock awards.

Amended and Restated 2019 Stock-Based Incentive Compensation Plan

The Company’s Amended and Restated 2019 Stock-Based Incentive Compensation Plan was approved by the Company’s shareholders at the Company’s Annual Meeting of Shareholders held on April 18, 2024, which amended and restated the 2019 Stock-Based Incentive Compensation Plan approved by the Company’s shareholders on April 2, 2019 (as Amended, the “Amended and Restated 2019 Plan”). The Amended and Restated 2019 Plan authorizes the grant of stock appreciation rights, restricted stock, options

and other equity-based awards. Options granted under the Amended and Restated 2019 Plan may be either “incentive stock options” as defined in section 422 of the Code or nonqualified stock options, as determined by the Compensation Committee.

Subject to an adjustment necessary upon a stock dividend, recapitalization, forward split or reverse split, reorganization, merger, consolidation, spin-off, combination, repurchase or share exchange, extraordinary or unusual cash distribution, or similar corporate transaction or event, the maximum number of shares of common stock available for awards under the Amended and Restated 2019 Plan is 1,950,000, plus the shares that were authorized to be granted but have not been issued under the Company’s 2009 Stock-Based Incentive Compensation Plan as of the effective date of the Amended and Restated 2019 Plan (i.e., April 18, 2024).

If any award is forfeited, terminates or otherwise is settled for any reason without an actual distribution of shares to the participant, the related shares of common stock subject to such award will again be available for future grant. Any shares tendered by a participant in payment of the exercise price of an option or the tax liability with respect to an award (including, in any case, shares withheld from any such award) will not be available for future grant under the Amended and Restated 2019 Plan. If there is any change in the Company’s corporate capitalization, the Compensation Committee must proportionately and equitably adjust the number and kind of shares of common stock which may be issued in connection with future awards, the number and kind of shares of common stock covered by awards then outstanding under the Amended and Restated 2019 Plan, the aggregate number and kind of shares of common stock available under the Amended and Restated 2019 Plan, any applicable individual limits on the number of shares of common stock available for awards under the Amended and Restated 2019 Plan, the exercise or grant price of any award, or if deemed appropriate, make provision for a cash payment with respect to any outstanding award. In addition, the Compensation Committee may make adjustments in the terms and conditions of any awards, including any performance goals, in recognition of unusual or nonrecurring events affecting the Company or any subsidiary, or in response to changes in applicable laws, regulations, or accounting principles.

The compensation expense related to stock options and awards issued to employees under the Amended and Restated 2019 Plan was $191,623 and $566,952 for the three- and nine-month periods ended June 30, 2024, respectively. The compensation expense related to stock options and awards issued to employees under the Amended and Restated 2019 Plan was $164,342 and $954,140 for the three- and nine-month periods ended June 30, 2023, respectively.

The compensation expense under the Amended and Restated 2019 Plan related to stock awards issued to non-employee members of the Board was $59,278 and $159,003 for the three- and nine-month periods ended June 30, 2024, respectively. The compensation expense under the Amended and Restated 2019 Plan related to stock awards issued to non-employee members of the Board was $49,742 and $276,515 for the three- and nine-month periods ended June 30, 2023, respectively.

Total compensation expense associated with the Amended and Restated 2019 Plan was $250,901 and $214,084 for the three-month periods ended June 30, 2024 and 2023, respectively. Total compensation expense associated with the Amended and Restated 2019 Plan was $725,955 and $1,230,655 for the nine-month periods ended June 30, 2024 and 2023, respectively.

At June 30, 2024, unrecognized compensation expense of approximately $2,165,328, net of forfeitures, related to non-vested stock options under the Amended and Restated 2019 Plan, will be recognized.

v3.24.2.u1
Earnings Per Share
9 Months Ended
Jun. 30, 2024
Earnings Per Share  
Earnings Per Share

5. Earnings Per Share

Three Months Ended June 30, 

Nine Months Ended June 30, 

    

2024

    

2023

    

2024

    

2023

    

Numerator:

Net income

$

1,552,520

$

1,423,379

$

3,818,186

$

3,393,133

Denominator:

Basic weighted average shares

 

17,461,652

 

17,576,969

 

17,455,903

 

17,415,358

Dilutive effect of share-based awards

 

5,607

 

619

 

20,186

 

3,907

Diluted weighted average shares

 

17,467,259

 

17,577,588

 

17,476,089

 

17,419,265

Net income per common share:

Basic

$

0.09

$

0.08

$

0.22

$

0.19

Diluted

$

0.09

$

0.08

$

0.22

$

0.19

Net income per share is calculated pursuant to ASC Topic 260, “Earnings per Share”. Basic earnings per share (“EPS”) excludes potentially dilutive securities and is computed by dividing net income by the weighted average number of common shares outstanding for the period. Diluted EPS is computed assuming the conversion or exercise of all dilutive securities such as employee stock options and restricted stock units (“RSUs”).

The number of incremental shares from the assumed exercise of stock options and RSUs is calculated by using the treasury stock method. As of June 30, 2024 and 2023, there were 361,613 and 128,815 options to purchase common stock outstanding, respectively, and 250,975 and 76,636 shares subject to vesting of restricted stock units outstanding, respectively. The average outstanding diluted shares calculation excludes options with an exercise price that exceeds the average market price of shares during the period.

For the three-month periods ended June 30, 2024 and 2023, respectively, 529,918 and 312,210 diluted weighted-average shares outstanding were excluded from the computation of diluted EPS because the effect would be anti-dilutive.

For the nine-month periods ended June 30, 2024 and 2023, respectively, 329,026 and 196,577 diluted weighted-average shares outstanding were excluded from the computation of diluted EPS because the effect would be anti-dilutive.

v3.24.2.u1
Commitments and Contingencies
9 Months Ended
Jun. 30, 2024
Commitments and Contingencies  
Commitments and Contingencies

6. Commitments and Contingencies

In the ordinary course of business, the Company is at times subject to various legal proceedings and claims. The Company does not believe any such matters that are currently pending will, individually or in aggregate, have a material effect on the results of operations or financial position.

v3.24.2.u1
Related Party Transactions
9 Months Ended
Jun. 30, 2024
Related Party Transactions  
Related Party Transactions

7. Related Party Transactions

In recent years, the Company has had sales to AML Global Eclipse, LLC (“Eclipse”), whose principal shareholder is also a principal shareholder in the Company. Prior balances are disclosed below for comparability.

Sales to Eclipse amounted to approximately $110,000 and $155,000 for the three-month periods ended June 30, 2024 and 2023, respectively. Sales to Eclipse amounted to approximately $203,000 and $231,000 for the nine-month periods ended June 30, 2024 and 2023, respectively.

A company in which Parizad Olver (Parchi), a former member of the Board of Directors, is the managing partner and has an ownership interest, received a consulting fee of $72,990 in November 2023 for services provided in connection with the sale of the Company’s 2008 Super King Air B200GT SN BY-50.

v3.24.2.u1
Leases
9 Months Ended
Jun. 30, 2024
Leases  
Leases

8. Leases

The Company accounts for leases in accordance with ASU 2016-02, “Leases” (“ASU 2016-02”), and records right-of-use assets and corresponding lease liabilities on the balance sheet for most leases with an initial term of greater than one year. Consistent with

previous accounting guidance, we will recognize payments for leases with a term of less than one year in the statement of operations on a straight-line basis over the lease term.

We lease real estate and equipment under various operating leases. A lease exists when a contract or part of a contract conveys the right to control the use of an identified asset for a period of time in exchange for consideration. In determining whether a lease exists, we consider whether a contract provides us with both: (a) the right to obtain substantially all of the economic benefits from the use of the identified asset and (b) the right to direct the use of the identified asset.

Some of our leases include base rental periods coupled with options to renew or terminate the lease, generally at our discretion. In evaluating the lease term, we consider whether we are reasonably certain to exercise such options. To the extent a significant economic incentive exists to exercise an option, that option is included within the lease term. However, based on the nature of our lease arrangements, options generally do not provide us with a significant economic incentive and are therefore excluded from the lease term for the majority of our arrangements.

Our leases typically include a combination of fixed and variable payments. Fixed payments are generally included when measuring the right-of-use asset and lease liability. Variable payments, which primarily represent payments based on usage of the underlying asset, are generally excluded from such measurement and expensed as incurred. In addition, certain of our lease arrangements may contain a lease coupled with an arrangement to provide other services, such as maintenance, or may require us to make other payments on behalf of the lessor related to the leased asset, such as payments for taxes or insurance. As permitted by ASU 2016-02, we have elected to account for these non-lease components together with the associated lease component if included in the lease payments. This election has been made for each of our asset classes.

The measurement of right-of-use assets and lease liabilities requires us to estimate appropriate discount rates. To the extent the rate implicit in the lease is readily determinable, such a rate is utilized. However, based on information available at lease commencement for our leases, the rate implicit in the lease is not known. In these instances, we utilize an incremental borrowing rate, which represents the rate of interest that we would pay to borrow on a collateralized basis over a similar term.

The following table presents the lease-related assets and liabilities reported in the Condensed Consolidated Balance Sheet as of June 30, 2024:

Classification on the Consolidated Balance Sheet on June 30, 2024

Assets

    

    

 

Operating leases

 

Other assets

$

5,282

Liabilities

 

  

 

  

Operating leases - current

 

Accrued expenses

$

5,282

Operating leases - noncurrent

 

Other liabilities

$

Total lease liabilities

 

  

$

5,282

Rent expense and cash paid for various operating leases in aggregate are $11,007 for the nine-month period ended June 30, 2024. The weighted average remaining lease term is 0.4 years and the weighted average discount rate is 5.0% as of June 30, 2024.

Future minimum lease payments under operating leases are as follows at June 30, 2024:

    

Twelve Months

    

Ending

Operating

    

June 30, 

    

Leases

2025

6,115

Total minimum lease payments

 

  

$

6,115

Amount representing interest

 

  

 

(833)

Present value of minimum lease payments

 

  

$

5,282

Current portion

 

  

 

5,282

Long-term portion of lease obligations

 

  

$

v3.24.2.u1
Loan Agreement
9 Months Ended
Jun. 30, 2024
Loan Agreement  
Loan Agreement

9. Loan Agreement

On June 28, 2023, the Company and one of its subsidiaries entered into an Amendment to Loan Documents (the “Loan Amendment”) with PNC Bank, National Association (“PNC”), which amends certain terms of that certain Loan Agreement entered into by the parties on May 11, 2023 (the “Loan Agreement” and, as amended, the “Amended Loan Agreement”) and (ii) a corresponding Term Note in favor of PNC (the “Term Note”), which together provide for a senior secured term loan in an aggregate principal amount of $20.0 million, with a maturity date of June 28, 2028. Availability of funds under the Term Loan was conditioned upon the closing of the transactions contemplated by the Amended Loan Agreement and was used to fund a portion of the Transaction. Under the agreement, the Company has the right to prepay any amounts outstanding at any time and from time to time, whole or in part; subject to payment of any break funding indemnification amounts.

The interest rate applicable to loans outstanding under the Term Loan is a floating interest rate equal to the sum of (A) the Term SOFR Rate (as defined in the Term Note) plus (B) an unadjusted spread of the Applicable SOFR Margin plus (C) a SOFR adjustment of ten basis points. The Applicable SOFR Margin ranges from 1.5% to 2.5% depending on the Company’s funded debt to EBITDA ratio. Commencing on June 30, 2023, the Term Loan will consist of sixty equal monthly principal installments, over a period of ten years, with the balance payable on the maturity date of the Term Loan.

In addition to providing for the Term Loan, the Loan Agreement, together with a corresponding Revolving Line of Credit Note in favor of PNC, executed May 11, 2023 (“Line of Credit Note”), provides for a senior secured revolving line of credit in an aggregate principal amount of $10,000,000, with an expiration date of May 11, 2028 (the “Revolving Line of Credit”).

The interest rate applicable to loans outstanding under the Revolving Line of Credit was a rate per annum equal to the sum of (A) Daily SOFR (as defined in the Line of Credit Note) plus (B) an unadjusted spread of Applicable SOFR Margin plus (C) a SOFR adjustment of ten basis points. The Applicable SOFR Margin ranges from 1.5% to 2.5% depending on the Company’s funded debt to EBITDA ratio. The Company will pay an annual commitment fee of 0.15% on the amount available for borrowing under the revolving credit facility.

On December 19, 2023, the Company and PNC entered into an Amendment to the Loan (the “Restated Loan Amendment”) and a corresponding Amended and Restated Revolving Line of Credit Note (“Restated Line of Credit Note”) and Amended and Restated Line of Credit and Investment Sweep Rider (the “Restated Rider”), to increase the aggregate principal amount available under the Company’s senior secured revolving line of credit from $10,000,000 to $30,000,000 and extend the maturity date until December 19, 2028. Under the terms of the Restated Rider, at the end of each business day any cash balance will be applied by PNC to the outstanding principal balance under the terms of the Restated Line of Credit Note. The proceeds of the Restated Line of Credit Note will be used for working capital and other general corporate purposes, for acquisitions as permitted under the Restated Loan Amendment and to pay off and close the loan evidenced by the Term Note.

The Interest rate applicable to loans outstanding under the Restated Line of Credit is a rate per annum equal to the sum of (A) Daily SOFR (as defined in the Restated Line of Credit Note) plus (B) an unadjusted spread of Applicable SOFR Margin (as defined in the Restated Line of Credit Note) plus (C) a SOFR adjustment of ten basis points. The Applicable SOFR Margin ranges from 1.5% to 2.5% depending on the Company’s funded debt to EBITDA ratio, as defined in the Restated Line of Credit Note.

The foregoing descriptions of the Restated Loan Amendment, Restated Line of Credit Note and Restated Rider do not purport to be complete and are qualified in their entirety by reference to the full text of the Restated Loan Amendment, Restated Line of Credit Note and Restated Rider, which are filed as Exhibit 10.1, Exhibit 10.2 and Exhibit 10.3, respectively, to the Current Report on Form 8-K filed December 22, 2023 and are incorporated herein by reference.

The Company was in compliance with all applicable covenants throughout the year and at June 30, 2024. The outstanding balance drawn on the Line of Credit was $9,859,074 at June 30, 2024.

v3.24.2.u1
Subsequent Events
9 Months Ended
Jun. 30, 2024
Subsequent Events  
Subsequent Events

10. Subsequent Events

On July 22, 2024, the Company entered into that certain Amendment No. 3 to Asset Purchase and License Agreement (the “Amendment”) with Honeywell.

Pursuant to the Amendment, Honeywell sold, assigned or licensed to the Company certain additional assets related to its communication and navigation product lines, including a sale of certain inventory and customer-related documents; an assignment of certain contracts; and a grant of exclusive and non-exclusive licenses to use certain Honeywell intellectual property related to its communication and navigation product lines to manufacture, upgrade and repair certain additional products for consideration of $4.2 million in cash. This Amendment complements the previously disclosed license and asset acquisition completed in June 2023 from Honeywell.

v3.24.2.u1
Pay vs Performance Disclosure - USD ($)
3 Months Ended 9 Months Ended
Jun. 30, 2024
Mar. 31, 2024
Dec. 31, 2023
Jun. 30, 2023
Mar. 31, 2023
Dec. 31, 2022
Jun. 30, 2024
Jun. 30, 2023
Pay vs Performance Disclosure                
Net Income (Loss) $ 1,552,520 $ 1,208,316 $ 1,057,350 $ 1,423,379 $ 1,271,103 $ 698,651 $ 3,818,186 $ 3,393,133
v3.24.2.u1
Insider Trading Arrangements
9 Months Ended
Jun. 30, 2024
Trading Arrangements, by Individual  
Rule 10b5-1 Arrangement Adopted false
Non-Rule 10b5-1 Arrangement Adopted false
Rule 10b5-1 Arrangement Terminated false
Non-Rule 10b5-1 Arrangement Terminated false
v3.24.2.u1
Summary of Significant Accounting Policies (Policies)
9 Months Ended
Jun. 30, 2024
Summary of Significant Accounting Policies  
Basis of Presentation

Basis of Presentation

The accompanying unaudited condensed consolidated financial statements are presented pursuant to the rules and regulations of the United States Securities and Exchange Commission (the “SEC”) in accordance with the disclosure requirements for the quarterly report on Form 10-Q and, therefore, do not include all of the information and footnotes required by generally accepted accounting principles in the United States (“GAAP”) for complete annual financial statements. In the opinion of Company management, the unaudited condensed consolidated financial statements reflect all adjustments (consisting of normal recurring adjustments) necessary to state fairly the results for the interim periods presented. The condensed consolidated balance sheet as of September 30, 2023 is derived from the audited financial statements of the Company. Operating results for the three- and nine-month periods ended June 30, 2024 are not necessarily indicative of the results that may be expected for the fiscal year ending September 30, 2024 which cannot be determined at this time. These unaudited condensed consolidated financial statements should be read in conjunction with the audited consolidated financial statements and notes of the Company included in the Company’s Annual Report on Form 10-K for the fiscal year ended September 30, 2023.

Principles of Consolidation

Principles of Consolidation

The Company’s condensed consolidated financial statements include the accounts of its wholly-owned subsidiaries. All intercompany balances and transactions have been eliminated in consolidation.

Use of Estimates

Use of Estimates

The financial statements of the Company have been prepared in accordance with GAAP, which require management to make estimates and assumptions that affect the amounts reported in the financial statements. Actual results could differ from those estimates. Estimates are used in accounting for, among other items, valuation of tangible and intangible assets acquired, long term contracts, evaluation of allowances for doubtful accounts, inventory obsolescence, product warranty cost liabilities, income taxes, engineering and material costs on Engineering Development Contract (“EDC”) programs, percentage of completion on EDC contracts, the useful lives of long-lived assets for depreciation and amortization, the recoverability of long-lived assets, evaluation of goodwill impairment and contingencies. Estimates and assumptions are reviewed periodically and the effects of changes, if any, are reflected in the condensed consolidated statements of operations in the period they are determined.

Principles of Acquisitions

Principles of Acquisitions

The Company evaluates each of its acquisitions in accordance with Financial Accounting Standards Board (“FASB”) Accounting Standards Codification (“ASC”) Topic 805, “Business Combinations” (“ASC 805”), to determine whether the transaction is a business combination or an asset acquisition. In determining whether an acquisition should be accounted for as a business combination or an asset acquisition, the Company first performs a screen test to determine whether substantially all of the fair value of the gross assets acquired is concentrated in a single identifiable asset or a group of similar identifiable assets. If this is the case, the acquired set is not deemed to be a business and is instead accounted for as an asset acquisition. If this is not the case, the Company then further evaluates whether the acquired set includes, at a minimum, an input and a substantive process that together significantly contribute to the ability to create outputs. If so, the Company concludes that the acquired set is a business.

The Company accounts for business acquisitions using the acquisition method of accounting. Under this method of accounting, assets acquired and liabilities assumed are recorded at their respective fair values at the date of the acquisition. When determining the fair values of assets acquired and liabilities assumed, management makes significant estimates and assumptions. The Company’s estimates of fair value are based upon assumptions believed to be reasonable, but are inherently uncertain and unpredictable and, as a result, actual results may differ from estimates. Any excess of the purchase price over the fair value of the net assets acquired is recognized as goodwill.

During the measurement period, which may be up to one year from the acquisition date, the Company adjusts the provisional amounts of assets acquired and liabilities assumed with the corresponding offset to goodwill to reflect new information obtained about facts and circumstances that existed as of the acquisition date that, if known, would have affected the measurement of the amounts recognized as of that date. Upon the conclusion of the measurement period or final determination of the values of assets acquired or liabilities assumed, whichever comes first, any subsequent adjustments are recorded within the Company’s condensed consolidated statements of operations.

Intangible Assets

Intangible Assets

The Company’s identifiable intangible assets primarily consist of license agreement and customer relationships. Intangible assets acquired in a business combination are recognized at fair value using generally accepted valuation methods deemed appropriate for the type of intangible asset acquired and are reported separately from any goodwill recognized.

Intangible assets with a finite life are amortized over their estimated useful life and are reported net of accumulated amortization. They are assessed for impairment in accordance with the Company’s policy on assessing long-lived assets for impairment described in the notes of the Company’s audited consolidated financial statements included in the Company’s Annual Report on Form 10-K for the fiscal year ended September 30, 2023.

Indefinite-lived intangible assets are not amortized, but are subject to an annual impairment test, or when events or circumstances dictate, more frequently. The impairment review for indefinite-lived intangible assets can be performed using a qualitative or quantitative impairment assessment. The quantitative assessment consists of a comparison of the fair value of the indefinite-lived intangible asset with its carrying amount. If the carrying amount exceeds its fair value, an impairment loss is recognized in an amount equal to that excess. If the fair value exceeds its carrying amount, the indefinite-lived intangible asset is not considered impaired.

Goodwill

Goodwill

Goodwill represents the future economic benefit arising from other assets acquired that could not be individually identified and separately recognized. The recorded amounts of goodwill from business combinations are based on management’s best estimates of the fair values of assets acquired and liabilities assumed at the date of acquisition. Goodwill is assigned to the reporting units that are

expected to benefit from the synergies of the business combination that generated the goodwill. The Company’s goodwill impairment test is performed at the reporting unit level. Reporting units are determined based on an evaluation of the Company’s operating segments and the components making up those operating segments.

Goodwill is tested for impairment at fiscal year-end September 30 or in an interim period if certain changes in circumstances indicate a possibility that an impairment may exist. Factors to consider that may indicate an impairment may exist are:

macroeconomic conditions;
industry and market considerations, such as a significant adverse change in the business climate;
cost factors;
overall financial performance, such as current-period operating results or cash flow declines combined with a history of operating results or cash flow declines;
a projection or forecast that demonstrates continuing declines in the cash flow or the inability to improve the operations to forecasted levels; and
any entity-specific events.

If the Company determines that it is more likely than not that the fair value of the reporting unit is below the carrying amount as part of its qualitative assessment, a quantitative assessment of goodwill is required. In the quantitative evaluation, the fair value of the reporting unit is determined and compared to the carrying value. If the fair value is greater than the carrying value, then the goodwill is deemed not to be impaired and no further action is required. If the fair value is less than the carrying value, goodwill is considered impaired and a charge is reported as impairment of goodwill in the condensed consolidated statements of operations.

Fair Value of Financial Instruments

Fair Value of Financial Instruments

The net carrying amounts of cash and cash equivalents, accounts receivable and accounts payable approximate their fair value because of the short-term nature of these instruments. The carrying value of our debt approximates fair value as the interest rate is variable and approximates current market levels. For financial assets and liabilities measured at fair value on a recurring basis, fair value is the price the Company would receive to sell an asset or pay to transfer a liability in an orderly transaction with a market participant at the measurement date. A three-level fair value hierarchy prioritizes the inputs used to measure fair value as follows:

Level 1 — Unadjusted quoted prices that are available in active markets for the identical assets or liabilities at the measurement date.

Level 2 — Other observable inputs available at the measurement date, other than quoted prices included in Level 1, either directly or indirectly, including:

Quoted prices for similar assets or liabilities in active markets;
Quoted prices for identical or similar assets in non-active markets;
Inputs other than quoted prices that are observable for the asset or liability; and
Inputs that are derived principally from or corroborated by other observable market data.

Level 3 — Unobservable inputs that cannot be corroborated by observable market data and reflect the use of significant management judgment. These values are generally determined using pricing models for which the assumptions utilize management’s estimates of market participant assumptions.

The following table sets forth by level within the fair value hierarchy the Company’s financial assets and liabilities that were accounted for at fair value on a recurring basis as of June 30, 2024 and September 30, 2023, according to the valuation techniques the Company used to determine their fair values.

Fair Value Measurement on June 30, 2024

    

Quoted Price in

    

Significant Other

    

Significant

Active Markets for

Observable

Unobservable

Identical Assets

Inputs

Inputs

(Level 1)

(Level 2)

(Level 3)

Assets

Cash and cash equivalents:

Money market funds

$

499,787

$

$

Fair Value Measurement on September 30, 2023

    

Quoted Price in

    

Significant Other

    

Significant

Active Markets for

Observable

Unobservable

Identical Assets

Inputs

Inputs

(Level 1)

(Level 2)

(Level 3)

Assets

Cash and cash equivalents:

Money market funds

$

3,665,128

$

$

The June 30, 2024 money market funds balance differs from the cash and cash equivalents balance on the condensed consolidated balance sheet due to the timing of sweep transactions within the PNC cash investment accounts.

Revenue Recognition

Revenue Recognition

The Company enters into sales arrangements with customers that, in general, provide for the Company to design, develop, manufacture, deliver and service large flat-panel display systems, flight information computers, autothrottles and advanced monitoring systems that measure and display critical flight information, including data relative to aircraft separation, airspeed, altitude and engine and fuel data measurements.

Revenue from Contracts with Customers

The Company accounts for revenue in accordance with ASC 606, “Revenue from Contracts with Customers” (“ASC 606”). The core principle of ASC 606 is that an entity recognizes revenue when a customer obtains control of promised goods or services. The amount of revenue recognized reflects the consideration to which the Company expects to be entitled to receive in exchange for these goods or services. To achieve this core principle, the Company applies the following five steps:

1)

Identify the contract with a customer

The Company’s contract with its customers typically is in the form of a purchase order issued to the Company by its customers and, to a lesser degree, in the form of a purchase order issued in connection with a formal contract executed with a customer. For the purpose of accounting for revenue under ASC 606, a contract with a customer exists when (i) the Company enters into an enforceable contract with a customer that defines each party’s rights regarding the goods or services to be transferred and identifies the payment terms related to these goods or services, (ii) the contract has commercial substance and, (iii) the Company determines that collection of substantially all consideration for goods or services that are transferred is probable based on the customer’s intent and ability to pay the promised consideration. The Company applies judgment in determining the customer’s ability and intention to pay, which is based on a variety of factors including the customer’s historical payment experience or, in the case of a new customer, published credit and financial information pertaining to the customer.

2)

Identify the performance obligations in the contract

Performance obligations promised in a contract are identified based on the goods or services that will be transferred to the customer that are both capable of being distinct, whereby the customer can benefit from the good or service either on its own or together with other resources that are readily available from third parties or from the Company, and are distinct in the context of the contract, whereby the transfer of the goods or services is separately identifiable from other promises in the contract. Most of our revenue is

derived from purchases under which we provide a specific product or service and, as a result, there is only one performance obligation. In the event that a contract includes multiple promised goods or services, such as an EDC contract which includes both engineering services and a resulting product shipment, the Company must apply judgment to determine whether promised goods or services are capable of being distinct in the context of the contract. In these cases, the Company considers whether the customer could, on its own, or together with other resources that are readily available from third parties, produce the physical product using only the output resulting from the Company’s completion of engineering services. If the customer cannot produce the physical product, then the promised goods or services are accounted for as a combined performance obligation.

3)

Determine the transaction price

The transaction price is determined based on the consideration to which the Company will be entitled in exchange for transferring goods or services to the customer. To the extent the transaction price includes variable consideration, the Company estimates the amount of variable consideration that should be included in the transaction price utilizing either the expected value method or the most likely amount method depending on the nature of the variable consideration. Variable consideration is included in the transaction price if, in the Company’s judgment, it is probable that a significant future reversal of cumulative revenue under the contract will not occur.

4)

Allocate the transaction price to performance obligations in the contract

If the contract contains a single performance obligation, the entire transaction price is allocated to the single performance obligation. If the contract contains multiple performance obligation, the Company determines standalone selling price based on the price at which each performance obligation is sold separately. If the standalone selling price is not observable through past transactions, the Company estimates the standalone selling price by taking into account available information such as market conditions as well as the cost of the goods or services and the Company’s normal margins for similar performance obligations.

5)Recognize revenue when or as the Company satisfies a performance obligation

The Company satisfies performance obligations either over time or at a point in time as discussed in further detail below. Revenue is recognized at the time the related performance obligation is satisfied by transferring a promised good or service to a customer. The Company has also recognized revenue from EDC contracts and is recognized over time using an input measure (e.g., costs incurred to date relative to total estimated costs at completion) to measure progress. Contract costs include material, components and third-party avionics purchased from suppliers, direct labor and overhead costs.

Contract Estimates

Accounting for performance obligations in long-term contracts that are satisfied over time involves the use of various techniques to estimate progress towards satisfaction of the performance obligation. The Company typically measures progress based on costs incurred compared to estimated total contract costs. Contract cost estimates are based on various assumptions to project the outcome of future events that often span more than a single year. These assumptions include the amount of labor and labor costs, the quantity and cost of raw materials used in the completion of the performance obligation and the complexity of the work to be performed.

As a significant change in one or more of these estimates could affect the profitability of our contracts, we review and update our contract-related estimates regularly. We recognize adjustments in estimated profit on contracts under the cumulative catch-up method. Under this method, the impact of the adjustment on profit recorded to date is recognized in the period the adjustment is identified. Revenue and profit in future periods of contract performance is recognized using the adjusted estimate. If at any time the estimate of contract profitability indicates an anticipated loss on the contract, we recognize the total loss in the quarter in which it is identified.

The impact of adjustments in contract estimates on our operating earnings can be reflected in either operating costs and expenses or revenue. The aggregate impact of adjustments in contract estimates did not change our revenue and operating earnings (and diluted earnings per share) for the three- and nine-month periods ended June 30, 2024 and 2023. Therefore, no adjustment on any contract was material to our condensed consolidated financial statements for the three- and nine-month periods ended June 30, 2024 and 2023.

Contract Balances

Contract assets consist of the right to consideration in exchange for product offerings that we have transferred to a customer under the contract. Contract liabilities primarily relate to consideration received in advance of performance under the contract. The following table reflects the Company’s contract assets and contract liabilities:

Contract

Contract

Assets

Liabilities

September 30, 2023

$

487,139

$

143,359

Amount transferred to receivables from contract assets

 

(363,719)

Contract asset additions

 

974,881

Performance obligations satisfied during the period that were included in the contract liability balance at the beginning of the period

 

(99,045)

Increases due to invoicing prior to satisfaction of performance obligations

 

87,220

June 30, 2024

$

1,098,301

$

131,534

Concentrations

Concentrations

Major Customers and Products

In the three-month period ended June 30, 2024, two customers, Pilatus Aircraft Ltd (“Pilatus”) and Lufthansa Technik AG, accounted for 21% and 10% of net sales, respectively. In the nine-month period ended June 30, 2024, one customer, Pilatus accounted for 26% of net sales.

In the three-month period ended June 30, 2023, three customers, Pilatus, Air Transport Services Group (“ATSG”) and Textron Aviation, Inc. (“Textron”), accounted for 25%, 24% and 10% of net sales, respectively. In the nine-month period ended June 30, 2023, three customers, Pilatus, ATSG and Textron, accounted for 27%, 18% and 10% of net sales, respectively.

Major Suppliers

The Company buys several of its components from sole source suppliers. Although there are a limited number of suppliers of particular components, management believes other suppliers could provide similar components on comparable terms.

For the three- and nine-month periods ended June 30, 2024, the Company had two and one suppliers, respectively, that were individually responsible for greater than 10% of the Company’s total inventory related purchases.

For the three- and nine-month periods ended June 30, 2023, the Company had four suppliers, respectively, that were individually responsible for greater than 10% of the Company’s total inventory related purchases.

Concentration of Credit Risk

Financial instruments that potentially subject the Company to concentration of credit risk consist principally of cash balances and accounts receivable. The Company invests its excess cash where preservation of principal is the major consideration. Cash balances are maintained with two major banks. Balances on deposit with certain money market accounts and operating accounts may exceed the Federal Deposit Insurance Corporation limits. The Company’s customer base consists principally of companies within the aviation industry. The Company requests advance payments and/or letters of credit from customers that it considers to be credit risks.

Recently Adopted Accounting Pronouncements

Change in Accounting Estimate

Effective April 1, 2024, the Company changed its method of computing depreciation from accelerated methods to the straight-line method for the Company’s property and equipment, except for the manufacturing facility which was already depreciating using the straight-line method. Based on ASC 250, “Accounting Changes and Error Corrections”, the Company determined that the change in depreciation method from an accelerated method to a straight-line method is a change in accounting estimate affected by a change in accounting principle. Per the guidance, a change in accounting estimate affected by a change in accounting principle is to be applied prospectively. The change is considered preferable because the straight-line method will more accurately reflect the pattern of usage

and the expected benefits of such assets and provide greater consistency with the depreciation methods used by other companies in the Company’s industry. The net book value of assets acquired with useful lives remaining will be depreciated using the straight-line method prospectively. As a result of the change to the straight-line method of depreciating the assets, accumulated depreciation and depreciation expense decreased by $113,000 for the three- and nine-month periods ended June 30, 2024.

Recently Adopted Accounting Pronouncements

In June 2016, FASB issued ASU 2016-13, “Financial Instruments Credit Losses (Topic 326): Measurement of Credit Losses on Financial Instrument” (“ASU 2016-13”). ASU 2016-13 replaces the incurred loss impairment methodology in current GAAP with a methodology that reflects expected credit losses and requires consideration of a broader range of reasonable and supportable information to inform credit loss estimates. ASU 2016-13 is effective for SEC small business filers for fiscal years beginning after December 15, 2022. The adoption of this standard did not have a material impact on our condensed consolidated financial statements or related disclosures.

v3.24.2.u1
Summary of Significant Accounting Policies (Tables)
9 Months Ended
Jun. 30, 2024
Summary of Significant Accounting Policies  
Schedule of financial assets and liabilities accounted for at fair value on a recurring basis

Fair Value Measurement on June 30, 2024

    

Quoted Price in

    

Significant Other

    

Significant

Active Markets for

Observable

Unobservable

Identical Assets

Inputs

Inputs

(Level 1)

(Level 2)

(Level 3)

Assets

Cash and cash equivalents:

Money market funds

$

499,787

$

$

Fair Value Measurement on September 30, 2023

    

Quoted Price in

    

Significant Other

    

Significant

Active Markets for

Observable

Unobservable

Identical Assets

Inputs

Inputs

(Level 1)

(Level 2)

(Level 3)

Assets

Cash and cash equivalents:

Money market funds

$

3,665,128

$

$

Summary of contract assets and contract liabilities balances

Contract

Contract

Assets

Liabilities

September 30, 2023

$

487,139

$

143,359

Amount transferred to receivables from contract assets

 

(363,719)

Contract asset additions

 

974,881

Performance obligations satisfied during the period that were included in the contract liability balance at the beginning of the period

 

(99,045)

Increases due to invoicing prior to satisfaction of performance obligations

 

87,220

June 30, 2024

$

1,098,301

$

131,534

v3.24.2.u1
Supplemental Balance Sheet Disclosures (Tables)
9 Months Ended
Jun. 30, 2024
Supplemental Balance Sheet Disclosures  
Schedule of preliminary allocation of the purchase consideration

Amounts Recognized as of

    

Acquisition Date

    

Measurement

    

Purchase Price

(as previously reported)

Period Adjustments

Allocation

Cash consideration

$

35,860,000

$

$

35,860,000

Total consideration

$

35,860,000

$

$

35,860,000

Prepaid inventory (a)

$

10,036,160

$

(3,012,626)

(d)

$

7,023,534

Equipment

2,609,000

3,675,000

(d)

6,284,000

Construction in progress

1,238,000

1,238,000

Intangible assets (b)

20,900,000

(3,660,000)

(d)

17,240,000

Goodwill (c)

4,608,041

(533,575)

(d)(e)

4,074,466

Assets acquired

39,391,201

(3,531,201)

35,860,000

Accrued expenses

(3,531,201)

3,531,201

(e)

Liabilities assumed

(3,531,201)

3,531,201

Net assets acquired

$

35,860,000

$

$

35,860,000

(a)Prepaid inventory consists of raw materials and finished goods acquired by the Company but not in the Company’s physical possession as of the Acquisition Date. The fair value of raw materials was estimated to equal the replacement cost. The fair
value of finished goods was determined based on the estimated selling price, net of selling costs and a margin on the selling activities, which resulted in a change in the value of the finished goods.
(b)Intangible assets consist of license agreement related to the license rights to use certain Honeywell intellectual property and customer relationships and are recorded at estimated fair values. The estimated fair value of the license agreement is based on a variation of the income valuation approach and is determined using the relief from royalty method. The estimated fair value of the customer relationships is based on a variation of the income valuation approach known as the multi-period excess earnings method. Refer to Intangible assets within Note 2, “Supplemental Balance Sheet Disclosures” for further details.
(c)Goodwill represents the excess of the purchase consideration over the estimated fair value of the assets acquired and liabilities assumed. The goodwill recognized is primarily attributable to the expected synergies from the Transaction. Goodwill resulting from the Transaction has been assigned to the Company’s one operating segment and one reporting unit. The goodwill is not expected to be deductible for income tax purposes. Further, the Company determined that the goodwill was not impaired as of June 30, 2024 and as such, no impairment charges have been recorded for the three- and nine-month periods ended June 30, 2024; the Company also determined that the goodwill was not impaired as of September 30, 2023.

(d)

In the third quarter of 2024 and within one year from the Acquisition Date, the Company identified measurement period adjustments related to fair value estimates. The measurement period adjustments were due to the refinement of inputs used to calculate the fair value of the prepaid inventory, equipment, license agreement and customer relationships based on facts and circumstances that existed as of the Acquisition Date. One of the refinements of inputs used was a change in classification of prepaid inventory to equipment of $3.7 million. The adjustments resulted in an overall increase to goodwill of $3.0 million. As a result of the measurement period adjustments to the estimated fair values of equipment and customer relationships, during the third quarter of 2024, the Company recognized $218,623 additional depreciation expense in cost of sales and $67,500 additional amortization expense in selling, general and administrative respectively, related to the effects that would have been recognized in previous quarters if the measurement period adjustments were recognized as of the Acquisition Date. For the remaining measurement period adjustments, the change to the preliminary fair value estimates did not have a material impact to the condensed consolidated statement of operations.

(e)

During the fourth quarter of 2023, the Company identified measurement period adjustments related to the fair value estimates for accrued expenses. While the Asset Purchase and License Agreement indicated an amount of liabilities related to open supplier purchase orders to be assumed by the Company as of the Acquisition Date, it was determined that there were no actual liabilities outstanding related to these open supplier purchase orders as of the Acquisition Date; therefore, the $3.5 million assumed liabilities preliminarily recorded were reversed. The adjustments resulted in an overall decrease to goodwill of $3.5 million; the adjustments have no impact to the condensed consolidated statement of operations.

Summary of unaudited pro forma consolidated information

Three Months Ended

Nine Months Ended

    

June 30, 2023

Net sales

$

12,035,209

$

36,846,252

Net income

$

2,859,238

$

7,760,831

Schedule of inventories

    

June 30, 

    

September 30, 

2024

2023

Raw materials

$

12,277,086

$

5,162,177

Work-in-process

 

1,242,259

 

966,888

Finished goods

 

1,020,827

 

10,648

$

14,540,172

$

6,139,713

Schedule of prepaid expenses and other current assets

Prepaid expenses and other current assets consist of the following:

    

June 30, 

    

September 30, 

2024

2023

Prepaid insurance

$

157,771

$

623,186

Other

 

826,913

 

449,826

984,684

$

1,073,012

Summary of intangible assets other than goodwill

The Company’s intangible assets other than goodwill are as follows:

    

As of June 30, 2024

    

Gross Carrying

    

Accumulated

    

Accumulated

    

Net Carrying

Value

 

Impairment

 

Amortization

 

Value

License agreement acquired from the Transaction (a)

$

5,600,000

$

$

$

5,600,000

Customer relationships acquired from the Transaction (a)

 

11,640,000

 

 

(1,164,000)

 

10,476,000

Licensing and certification rights (b)

 

696,506

 

(44,400)

 

(638,285)

 

13,821

Total

$

17,936,506

$

(44,400)

$

(1,802,285)

$

16,089,821

As of September 30, 2023

    

Gross Carrying

    

Accumulated

    

Accumulated

    

Net Carrying

 

Value

 

Impairment

 

Amortization

 

Value

License agreement acquired from the Transaction (a)

$

5,700,000

$

$

$

5,700,000

Customer relationships acquired from the Transaction (a)

 

10,740,000

 

 

(268,500)

 

10,471,500

Licensing and certification rights (b)

 

696,506

 

(44,400)

 

(638,285)

 

13,821

Total

$

17,136,506

$

(44,400)

$

(906,785)

$

16,185,321

(a)

As part of the Transaction, the Company acquired intangible assets related to the license agreement for the license rights to use certain Honeywell intellectual property and customer relationships. The license agreement has an indefinite life and is not subject to amortization; the customer relationships have an estimated weighted average life of nine years. The Company determined that the intangible assets were not impaired as of June 30, 2024 and September 30, 2023; no impairment charges have been recorded for the three- and nine-month periods ended June 30, 2024.

(b)

The licensing and certification rights are amortized over a defined number of units. No impairment charges were recorded during the three-and nine-month periods ended June 30, 2024. An impairment charge of $44,400 was recorded during the three-and nine-month periods ended June 30, 2023.

Summary of expected future amortization expense related to the customer relationships

2024 (three months remaining)

    

$

291,000

2025

1,164,000

2026

1,164,000

2027

 

1,164,000

2028

 

1,164,000

Thereafter

 

5,529,000

Total

$

10,476,000

Schedule of property and equipment, net

    

June 30, 

    

September 30, 

2024

2023

Computer equipment

$

2,405,850

$

2,343,996

Furniture and office equipment

 

984,206

 

970,230

Manufacturing facility

 

6,198,690

 

5,926,584

Equipment

 

13,025,229

 

9,554,197

Land

 

1,021,245

 

1,021,245

 

23,635,220

 

19,816,252

Less accumulated depreciation and amortization

 

(12,045,013)

 

(11,923,825)

$

11,590,207

$

7,892,427

Schedule of other assets

    

June 30, 

    

September 30, 

2024

2023

Operating lease right-of-use assets

$

5,282

$

15,065

Other non-current assets

 

540,698

 

176,657

$

545,980

$

191,722

Schedule of accrued expenses

    

June 30, 

    

September 30, 

2024

2023

Warranty

$

550,081

$

562,645

Salary, benefits and payroll taxes

 

1,173,868

 

1,181,219

Professional fees

 

419,082

 

200,668

Operating lease

5,282

12,965

Income tax payable

116,697

Other

 

670,092

 

844,131

$

2,818,405

$

2,918,325

Schedule of warranty cost and accrual information

    

Three Months Ending

Nine Months Ended

    

June 30, 2024

    

June 30, 2024

Warranty accrual, beginning of period

$

574,971

$

562,645

Accrued expense

 

8,477

 

81,688

Warranty cost

 

(33,367)

 

(94,252)

Warranty accrual, end of period

$

550,081

$

550,081

v3.24.2.u1
Earnings Per Share (Tables)
9 Months Ended
Jun. 30, 2024
Earnings Per Share  
Schedule of earnings per share

Three Months Ended June 30, 

Nine Months Ended June 30, 

    

2024

    

2023

    

2024

    

2023

    

Numerator:

Net income

$

1,552,520

$

1,423,379

$

3,818,186

$

3,393,133

Denominator:

Basic weighted average shares

 

17,461,652

 

17,576,969

 

17,455,903

 

17,415,358

Dilutive effect of share-based awards

 

5,607

 

619

 

20,186

 

3,907

Diluted weighted average shares

 

17,467,259

 

17,577,588

 

17,476,089

 

17,419,265

Net income per common share:

Basic

$

0.09

$

0.08

$

0.22

$

0.19

Diluted

$

0.09

$

0.08

$

0.22

$

0.19

v3.24.2.u1
Leases (Tables)
9 Months Ended
Jun. 30, 2024
Leases  
Schedule of lease-related assets and liabilities reported in the Consolidated Balance Sheet

Classification on the Consolidated Balance Sheet on June 30, 2024

Assets

    

    

 

Operating leases

 

Other assets

$

5,282

Liabilities

 

  

 

  

Operating leases - current

 

Accrued expenses

$

5,282

Operating leases - noncurrent

 

Other liabilities

$

Total lease liabilities

 

  

$

5,282

Schedule of future minimum lease payments under operating leases

Future minimum lease payments under operating leases are as follows at June 30, 2024:

    

Twelve Months

    

Ending

Operating

    

June 30, 

    

Leases

2025

6,115

Total minimum lease payments

 

  

$

6,115

Amount representing interest

 

  

 

(833)

Present value of minimum lease payments

 

  

$

5,282

Current portion

 

  

 

5,282

Long-term portion of lease obligations

 

  

$

v3.24.2.u1
Summary of Significant Accounting Policies (Details)
9 Months Ended
Jun. 30, 2024
segment
Number of business segments  
Number of operating segments 1
v3.24.2.u1
Summary of Significant Accounting Policies - Fair Value, Warranty Reserve, Self-Insurance Reserves (Details) - USD ($)
Jun. 30, 2024
Sep. 30, 2023
Fair Value, Measurements, Recurring | Quoted Price in Active Markets for Identical Assets (Level 1) | Money Market Funds    
Assets    
Cash and cash equivalents $ 499,787 $ 3,665,128
v3.24.2.u1
Summary of Significant Accounting Policies - Revenue Recognition (Details)
9 Months Ended
Jun. 30, 2024
Revenue Recognition.  
Revenue, remaining performance obligation, optional exemption, performance obligation [true false] true
v3.24.2.u1
Summary of Significant Accounting Policies - Concentration Risk (Details)
3 Months Ended 9 Months Ended
Jun. 30, 2024
item
customer
Jun. 30, 2023
customer
Jun. 30, 2024
item
customer
Jun. 30, 2023
customer
Concentration of Credit Risk        
Number of banks for maintenance of cash balances | item 2   2  
Revenues Net | Customer Concentration Risk        
Concentrations        
Number of major customers | customer 2 3 1 3
Revenues Net | Customer Concentration Risk | Pilatus Aircraft Ltd ("Pilatus")        
Concentrations        
Concentration of risk (as a percent) 21.00% 25.00% 26.00% 27.00%
Revenues Net | Customer Concentration Risk | Air Transport Services Group        
Concentrations        
Concentration of risk (as a percent)   24.00%   18.00%
Revenues Net | Customer Concentration Risk | Textron Aviation, Inc        
Concentrations        
Concentration of risk (as a percent) 10.00% 10.00%   10.00%
Inventory | Supplier Concentration Risk        
Concentrations        
Number of major suppliers | item 2   1  
Supplier Concentration Risk | Supplier Concentration Risk        
Concentrations        
Number of major customers | customer   4   4
v3.24.2.u1
Summary of Significant Accounting Policies - Contract Balances (Details) - USD ($)
9 Months Ended
Jun. 30, 2024
Jun. 30, 2023
Contract Balances    
Balance at beginning of the period (Contract Assets) $ 487,139  
Balance at beginning of the period (Contract Liabilities) 143,359  
Amount transferred to receivables from contract assets (363,719)  
Contract asset additions 611,162 $ 89,420
Contract asset additions 974,881  
Performance obligations satisfied during the period that were included in the contract liability balance at the beginning of the period (Contract Liabilities) (99,045)  
Increases due to invoicing prior to satisfaction of performance obligations (Contract Liabilities) 87,220  
Balance at end of the period (Contract Assets) 1,098,301  
Balance at end of the period (Contract Liabilities) $ 131,534  
v3.24.2.u1
Summary of Significant Accounting Policies - Change in Accounting Estimate (Details) - USD ($)
Jun. 30, 2024
Sep. 30, 2023
Change in Accounting Estimate [Line Items]    
decrease in accumulated depreciation expense $ 12,045,013 $ 11,923,825
Change in depreciation method    
Change in Accounting Estimate [Line Items]    
decrease in accumulated depreciation expense $ 113,000  
v3.24.2.u1
Supplemental Balance Sheet Disclosures - Acquisition (Details) - Honeywell International, Inc - USD ($)
Jun. 30, 2023
Jun. 30, 2024
Sep. 30, 2023
Business Acquisition [Line Items]      
Preliminary purchase consideration transferred $ 35,860,000    
Asset Purchase and License Agreement (the "Honeywell Agreement")      
Business Acquisition [Line Items]      
Preliminary purchase consideration transferred 35,900,000    
Incurred acquisition costs 262,099 $ 0 $ 408,961
Asset Purchase and License Agreement (the "Honeywell Agreement") | PNC Bank [Member] | Term loan      
Business Acquisition [Line Items]      
Debt instrument face amount $ 20,000,000.0    
Transition services agreement      
Business Acquisition [Line Items]      
Business combination recognized prepaid expenses and other current assets     $ 140,000
v3.24.2.u1
Supplemental Balance Sheet Disclosures - Preliminary allocation of the purchase consideration (Details)
3 Months Ended 6 Months Ended 9 Months Ended
Jun. 30, 2023
USD ($)
Jun. 30, 2024
USD ($)
Mar. 31, 2024
USD ($)
Jun. 30, 2023
USD ($)
Mar. 31, 2024
USD ($)
Jun. 30, 2024
USD ($)
segment
Jun. 30, 2023
USD ($)
Sep. 30, 2023
USD ($)
Business Acquisition [Line Items]                
Goodwill   $ 4,074,466       $ 4,074,466   $ 3,557,886
Number of Operating Segments | segment           1    
Additional amortization expense   358,500   $ 1,063   $ 895,500 $ 1,063  
Asset Purchase and License Agreement (the "Honeywell Agreement") | Measurement Period Adjustments | Adjustment of preliminary fair value estimates of liabilities                
Business Acquisition [Line Items]                
Goodwill   (3,500,000)       $ (3,500,000)    
Honeywell International, Inc                
Business Acquisition [Line Items]                
Cash consideration $ 35,860,000              
Total consideration 35,860,000              
Prepaid inventory 7,023,534     7,023,534     7,023,534  
Equipment 6,284,000     6,284,000     6,284,000  
Intangible assets 17,240,000     17,240,000     17,240,000  
Goodwill 4,074,466     4,074,466     4,074,466  
Assets acquired 35,860,000     35,860,000     35,860,000  
Net assets acquired 35,860,000     35,860,000     35,860,000  
Number of Operating Segments | segment           1    
Number of reportable unit | segment           1    
Goodwill impairment charges     $ 0   $ 0      
Honeywell International, Inc | Amounts Recognized as of Acquisition Date (as previously reported)                
Business Acquisition [Line Items]                
Cash consideration 35,860,000              
Total consideration 35,860,000              
Prepaid inventory 10,036,160     10,036,160     10,036,160  
Equipment 2,609,000     2,609,000     2,609,000  
Intangible assets 20,900,000     20,900,000     20,900,000  
Goodwill 4,608,041     4,608,041     4,608,041  
Assets acquired 39,391,201     39,391,201     39,391,201  
Accrued expenses (3,531,201)     (3,531,201)     (3,531,201)  
Liabilities assumed (3,531,201)     (3,531,201)     (3,531,201)  
Net assets acquired 35,860,000     35,860,000     35,860,000  
Business Combination, Recognized Identifiable Assets Acquired and Liabilities Assumed, Liabilities 3,531,201     3,531,201     3,531,201  
Honeywell International, Inc | Measurement Period Adjustments                
Business Acquisition [Line Items]                
Prepaid inventory (3,012,626)     (3,012,626)     (3,012,626)  
Equipment 3,675,000     3,675,000     3,675,000  
Intangible assets (3,660,000)     (3,660,000)     (3,660,000)  
Goodwill (533,575)     (533,575)     (533,575)  
Assets acquired (3,531,201)     (3,531,201)     (3,531,201)  
Accrued expenses 3,531,201     3,531,201     3,531,201  
Liabilities assumed 3,531,201     3,531,201     3,531,201  
Business Combination, Recognized Identifiable Assets Acquired and Liabilities Assumed, Liabilities (3,531,201)     (3,531,201)     (3,531,201)  
Honeywell International, Inc | Measurement Period Adjustments | Adjustment of preliminary fair value estimates of assets                
Business Acquisition [Line Items]                
Prepaid inventory   (3,700,000)       $ (3,700,000)    
Equipment   3,700,000       3,700,000    
Goodwill   3,000,000.0       3,000,000.0    
Additional depreciation expense in cost of sales           218,623    
Additional amortization expense           67,500    
Honeywell International, Inc | Measurement Period Adjustments | Adjustment of preliminary fair value estimates of liabilities                
Business Acquisition [Line Items]                
Liabilities assumed   3,500,000       3,500,000    
Business Combination, Recognized Identifiable Assets Acquired and Liabilities Assumed, Liabilities   $ (3,500,000)       $ (3,500,000)    
Honeywell International, Inc | Asset Purchase and License Agreement (the "Honeywell Agreement")                
Business Acquisition [Line Items]                
Total consideration 35,900,000              
Construction in progress | Honeywell International, Inc                
Business Acquisition [Line Items]                
Intangible assets 1,238,000     1,238,000     1,238,000  
Construction in progress | Honeywell International, Inc | Amounts Recognized as of Acquisition Date (as previously reported)                
Business Acquisition [Line Items]                
Intangible assets $ 1,238,000     $ 1,238,000     $ 1,238,000  
v3.24.2.u1
Supplemental Balance Sheet Disclosures - Summary of unaudited pro forma consolidated information (Details) - Honeywell International, Inc - USD ($)
3 Months Ended 9 Months Ended
Jun. 30, 2023
Jun. 30, 2023
Business Acquisition [Line Items]    
Net sales $ 12,035,209 $ 36,846,252
Net income $ 2,859,238 $ 7,760,831
v3.24.2.u1
Supplemental Balance Sheet Disclosures - Inventories and Prepaid expenses and other current assets (Details) - USD ($)
Jun. 30, 2024
Sep. 30, 2023
Inventory Valuation    
Raw materials $ 12,277,086 $ 5,162,177
Work-in-process 1,242,259 966,888
Finished goods 1,020,827 10,648
Total inventories 14,540,172 6,139,713
Prepaid expenses and other current assets    
Prepaid insurance 157,771 623,186
Other 826,913 449,826
Total prepaid expenses and other current assets $ 984,684 $ 1,073,012
v3.24.2.u1
Supplemental Balance Sheet Disclosures - Intangible assets (Details) - USD ($)
3 Months Ended 6 Months Ended 9 Months Ended
Jun. 30, 2024
Mar. 31, 2024
Jun. 30, 2023
Mar. 31, 2024
Jun. 30, 2024
Jun. 30, 2023
Sep. 30, 2023
Mar. 31, 2023
Finite-Lived Intangible Assets, Net                
Accumulated Impairment $ (44,400)       $ (44,400)   $ (44,400)  
Accumulated Amortization (1,802,285)       (1,802,285)   (906,785)  
Impairment charges 0   $ 44,400   0 $ 44,400    
Intangible asset amortization expense 358,500   $ 1,063   895,500 $ 1,063    
Intangible Assets, Net (Excluding Goodwill)                
Gross Carrying Value 17,936,506       17,936,506   17,136,506  
Accumulated Impairment (44,400)       (44,400)   (44,400)  
Accumulated Amortization (1,802,285)       (1,802,285)   (906,785)  
Net Carrying Value 16,089,821       16,089,821   16,185,321  
Customer relationships acquired from the Transaction                
Finite-Lived Intangible Assets, Net                
Gross Carrying Value 11,640,000       11,640,000   10,740,000  
Accumulated Amortization (1,164,000)       (1,164,000)   (268,500)  
Total 10,476,000       10,476,000   10,471,500  
Estimated weighted average life   9 years 3 months   9 years 3 months       9 years 3 months
Intangible Assets, Net (Excluding Goodwill)                
Accumulated Amortization (1,164,000)       (1,164,000)   (268,500)  
Licensing and certification rights                
Finite-Lived Intangible Assets, Net                
Gross Carrying Value 696,506       696,506   696,506  
Accumulated Impairment (44,400)       (44,400)   (44,400)  
Accumulated Amortization (638,285)       (638,285)   (638,285)  
Total 13,821       13,821   13,821  
Intangible Assets, Net (Excluding Goodwill)                
Accumulated Impairment (44,400)       (44,400)   (44,400)  
Accumulated Amortization (638,285)       (638,285)   (638,285)  
Licensing and certification rights                
Indefinite-Lived Intangible Assets (Excluding Goodwill)                
Gross Carrying Value 5,600,000       5,600,000   5,700,000  
Net Carrying Value $ 5,600,000       $ 5,600,000   $ 5,700,000  
Honeywell International, Inc | Asset Purchase and License Agreement (the "Honeywell Agreement") | Customer relationships acquired from the Transaction                
Finite-Lived Intangible Assets, Net                
Impairment charges   $ 0   $ 0        
v3.24.2.u1
Supplemental Balance Sheet Disclosures - Intangible assets timing of future amortization expense (Details) - Customer relationships acquired from the Transaction - USD ($)
Jun. 30, 2024
Sep. 30, 2023
Expected future amortization expense    
2024 (six months remaining) $ 291,000  
2025 1,164,000  
2026 1,164,000  
2027 1,164,000  
2028 1,164,000  
Thereafter 5,529,000  
Total $ 10,476,000 $ 10,471,500
v3.24.2.u1
Supplemental Balance Sheet Disclosures - Assets held for sale (Details) - USD ($)
9 Months Ended
Nov. 20, 2023
Jun. 30, 2024
Sep. 30, 2023
Assets Held for Sale      
Assets held for sale     $ 2,063,818
Proceeds from assets held for sale   $ 2,225,810  
Gain loss on sale of property and equipment   160,577  
King Air aircraft      
Assets Held for Sale      
Proceeds from assets held for sale $ 2,300,000    
Gain loss on sale of property and equipment   $ 162,000  
v3.24.2.u1
Supplemental Balance Sheet Disclosures - Property and Equipment & Other Assets (Details) - USD ($)
3 Months Ended 6 Months Ended 9 Months Ended
Jun. 30, 2024
Jun. 30, 2023
Mar. 31, 2023
Mar. 31, 2023
Jun. 30, 2024
Jun. 30, 2023
Sep. 30, 2023
Property and Equipment              
Property and equipment, gross $ 23,635,220       $ 23,635,220   $ 19,816,252
Less: accumulated depreciation and amortization (12,045,013)       (12,045,013)   (11,923,825)
Property and equipment, net 11,590,207       11,590,207   7,892,427
Depreciation and amortization for property and equipment 252,655 $ 86,439     541,732 $ 257,829  
Other assets              
Operating lease right-of-use asset 5,282       5,282   15,065
Other non-current assets 540,698       540,698   176,657
Total other assets 545,980       545,980   191,722
Accumulated amortization of intangible assets 1,802,285       1,802,285   906,785
Intangible asset amortization expense 358,500 $ 1,063     895,500 $ 1,063  
Prepaid software licenses 38,795       38,795   53,585
Computer equipment              
Property and Equipment              
Property and equipment, gross 2,405,850       2,405,850   2,343,996
Furniture and office equipment              
Property and Equipment              
Property and equipment, gross 984,206       984,206   970,230
Manufacturing facility              
Property and Equipment              
Property and equipment, gross 6,198,690       6,198,690   5,926,584
Equipment              
Property and Equipment              
Property and equipment, gross 13,025,229       13,025,229   9,554,197
Land              
Property and Equipment              
Property and equipment, gross 1,021,245       1,021,245   $ 1,021,245
Prepaid software licenses              
Other assets              
Intangible asset amortization expense $ 5,277   $ 2,601 $ 2,601 $ 14,790    
v3.24.2.u1
Supplemental Balance Sheet Disclosures - Accrued Expenses (Details) - USD ($)
3 Months Ended 9 Months Ended
Jun. 30, 2024
Jun. 30, 2024
Dec. 31, 2023
Sep. 30, 2023
Accrued expenses        
Warranty $ 550,081 $ 550,081 $ 574,971 $ 562,645
Salary, benefits and payroll taxes 1,173,868 1,173,868   1,181,219
Professional fees 419,082 419,082   200,668
Operating lease 5,282 5,282   12,965
Income tax payable       116,697
Other 670,092 670,092   844,131
Total accrued expenses 2,818,405 2,818,405   $ 2,918,325
Warranty cost and accrual information        
Warranty accrual, beginning of period   562,645    
Accrued expense 8,477 81,688    
Warranty cost (33,367) (94,252)    
Warranty accrual, end of period $ 550,081 $ 550,081    
v3.24.2.u1
Income Taxes (Details)
3 Months Ended 9 Months Ended
Jun. 30, 2024
Jun. 30, 2023
Jun. 30, 2024
Jun. 30, 2023
Income Taxes        
Effective tax rate (as a percent) 17.60% 19.30% 19.90% 20.50%
v3.24.2.u1
Shareholders' Equity and Share-Based Payments (Details) - USD ($)
3 Months Ended 9 Months Ended
Jun. 30, 2024
Jun. 30, 2023
Jun. 30, 2024
Jun. 30, 2023
Mar. 31, 2024
Sep. 30, 2023
Shareholders' Equity and Share-Based Payments            
Common stock, shares authorized (in shares) 75,000,000   75,000,000     75,000,000
Preferred stock, shares authorized (in shares) 10,000,000   10,000,000     10,000,000
Amended and Restated 2019 Plan            
Shareholders' Equity and Share-Based Payments            
Share-based compensation expense $ 250,901 $ 725,955 $ 214,084 $ 1,230,655    
Unrecognized compensation cost, related to non-vested stock options 2,165,328   2,165,328      
Amended and Restated 2019 Plan | Maximum            
Shareholders' Equity and Share-Based Payments            
Number of shares of common stock available for awards         1,950,000  
Amended and Restated 2019 Plan | Employee            
Shareholders' Equity and Share-Based Payments            
Share-based compensation expense 191,623 164,342 566,952 954,140    
Amended and Restated 2019 Plan | Non Employee Director            
Shareholders' Equity and Share-Based Payments            
Share-based compensation expense $ 59,278 $ 49,742 $ 159,003 $ 276,515    
v3.24.2.u1
Earnings Per Share (Details) - USD ($)
3 Months Ended 9 Months Ended
Jun. 30, 2024
Mar. 31, 2024
Dec. 31, 2023
Jun. 30, 2023
Mar. 31, 2023
Dec. 31, 2022
Jun. 30, 2024
Jun. 30, 2023
Numerator:                
Net income $ 1,552,520 $ 1,208,316 $ 1,057,350 $ 1,423,379 $ 1,271,103 $ 698,651 $ 3,818,186 $ 3,393,133
Denominator:                
Basic weighted average shares 17,461,652     17,576,969     17,455,903 17,415,358
Dilutive effect of share-based awards 5,607     619     20,186 3,907
Diluted weighted average shares 17,467,259     17,577,588     17,476,089 17,419,265
Net income per common share:                
Basic EPS $ 0.09     $ 0.08     $ 0.22 $ 0.19
Diluted EPS $ 0.09     $ 0.08     $ 0.22 $ 0.19
Options to purchase common stock outstanding (in shares) 361,613     128,815     361,613 128,815
Restricted stock units outstanding (in shares) 250,975     76,636     250,975 76,636
Diluted weighted-average shares outstanding excluded from computation of diluted EPS (in shares) 529,918     312,210     329,026 196,577
v3.24.2.u1
Related Party Transactions (Details) - USD ($)
1 Months Ended 3 Months Ended 9 Months Ended
Nov. 30, 2023
Jun. 30, 2024
Jun. 30, 2023
Jun. 30, 2024
Jun. 30, 2023
Related Party Transactions          
Net sales   $ 11,765,635 $ 7,959,208 $ 31,813,214 $ 21,815,917
Principal shareholder | Eclipse          
Related Party Transactions          
Net sales   $ 110,000 $ 155,000 $ 203,000 $ 231,000
Director          
Related Party Transactions          
Professional Fees $ 72,990        
v3.24.2.u1
Leases - Schedule of lease-related assets and liabilities (Details) - USD ($)
9 Months Ended
Jun. 30, 2024
Sep. 30, 2023
Leases    
Operating leases $ 5,282 $ 15,065
Operating Lease, Right-of-Use Asset, Statement of Financial Position [Extensible List] Other Assets, Noncurrent  
Operating leases- current $ 5,282 $ 12,965
Operating Lease, Liability, Current, Statement of Financial Position [Extensible List] Accrued Liabilities, Current  
Operating Lease, Liability, Noncurrent, Statement of Financial Position [Extensible List] Other Liabilities, Noncurrent  
Present value of minimum lease payments $ 5,282  
Operating leases expenses $ 11,007  
Weighted average remaining lease term 4 months 24 days  
Weighted average discount rate 5.00%  
v3.24.2.u1
Leases - Future minimum lease payments (Details) - USD ($)
Jun. 30, 2024
Sep. 30, 2023
Future minimum lease payments under operating leases    
2025 $ 6,115  
Total minimum lease payments 6,115  
Amount representing interest (833)  
Present value of minimum lease payments 5,282  
Operating leases- current $ 5,282 $ 12,965
Operating Lease, Liability, Noncurrent, Statement of Financial Position [Extensible List] Other Liabilities, Noncurrent  
v3.24.2.u1
Loan Agreement (Details) - USD ($)
9 Months Ended
Jun. 30, 2023
Jun. 30, 2024
Dec. 19, 2023
Dec. 18, 2023
Jun. 28, 2023
May 11, 2023
Loan Agreement            
Amount drawn   $ 29,044,688        
Senior secured revolving line of credit            
Loan Agreement            
Aggregate principal amount           $ 10,000,000
Annual commitment fee (in percent)   0.15%        
Amount drawn   $ 9,859,074        
Senior secured revolving line of credit | PNC Bank            
Loan Agreement            
Aggregate principal amount     $ 30,000,000 $ 10,000,000    
SOFR | Senior secured revolving line of credit            
Loan Agreement            
Adjustment to variable interest rate   0.10%        
SOFR | Minimum | Senior secured revolving line of credit            
Loan Agreement            
Applicable Margin   1.50%        
SOFR | Maximum | Senior secured revolving line of credit            
Loan Agreement            
Applicable Margin   2.50%        
Senior secured term loan            
Loan Agreement            
Aggregate principal amount         $ 20,000,000.0  
Adjustment to variable interest rate   0.10%        
Amortization period of debt 10 years          
Senior secured term loan | Maximum            
Loan Agreement            
Amortization period of debt in equal monthly principal installments 60 months          
Senior secured term loan | SOFR | Minimum            
Loan Agreement            
Applicable Margin   1.50%        
Senior secured term loan | SOFR | Maximum            
Loan Agreement            
Applicable Margin   2.50%        
v3.24.2.u1
Subsequent Events (Details)
$ in Millions
Jul. 22, 2024
USD ($)
Subsequent Event | Asset Purchase and License Agreement (the "Honeywell Agreement")  
Subsequent Event  
Cash consideration $ 4.2

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