Quarterly report pursuant to Section 13 or 15(d)

INVESTMENTS

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INVESTMENTS
9 Months Ended
Sep. 30, 2023
Investments [Abstract]  
INVESTMENTS INVESTMENTS
Edible Garden
On May 3, 2022, Edible Garden Corp. ("Edible Garden"), an entity in which the Company had an investment of common stock, completed a 1-for-5 reverse stock split of its outstanding common stock. As a result, the Company held 1,000,000 shares in Edible Garden. On May 5, 2022, Edible Garden announced the pricing of its initial public offering of 2,930,000 shares of its common stock and accompanying warrants to purchase up to 2,930,000 shares of common stock for an exercise price of $5.00 per share. Each share of common stock was sold together with one warrant at a combined offering price of $5.00, for gross proceeds of approximately $14.70 million. As a result of the initial public offering, the Company reassessed its write down on the investment and recorded a write up to its fair value, which is categorized within the fair value hierarchy as Level 2. In November 2022, the lock-up restriction on the Company's shares in Edible Garden expired and accordingly, the Company's investment transferred from Level 2 to Level 1 fair value measurement. During the fiscal first quarter ended March 31, 2023, the Company sold all its shares in Edible Garden and received $0.15 million. As a result, the Company recorded a realized loss on the sale of investments of $0.06 million during the nine months ended September 30, 2023. During the nine months ended September 30, 2022, the Company recorded nil in realized or unrealized losses related to its investment in Edible Garden.
Mystic Holdings

In September 2023, the Company entered into a settlement agreement to resolve the outstanding litigation with Mystic Holdings, Inc. (“Mystic”) which confirmed the Company's ownership of 8,323,764 shares of common stock in Mystic and 8,332 shares of Series A preferred stock in Mystic. In accordance with ASC 321, the Company recorded the investment in equity securities at fair value based upon the quoted price of the shares in active trading markets (Level 1). As of September 30, 2023, the fair value of the investment was $1.33 million. The Company recorded an unrealized gain on investment of $1.33 million for the three and nine months ended September 30, 2023. Refer to “Note 18 – Commitments and Contingencies” for further details on the litigation matter.
The following tables present the Company’s financial instruments that are measured and recorded at fair value on the Company’s consolidated balance sheets on a recurring basis:
September 30, 2023
Amount Level 1 Level 2 Level 3
Investment in Mystic Holdings, Inc. $ 1,333  $ 1,333  $ —  $ — 
Total $ 1,333  $ 1,333  $   $  
December 31, 2022
Amount Level 1 Level 2 Level 3
Investment in Edible Garden Corp. $ 210  $ 210  $ —  $ — 
Total $ 210  $ 210  $   $