They also falsely indicated they would "continue" to trade on the pinks, which is also completely incorrect.
How do you know it's incorrect? How do you know it's not a "foward-looking" statement? Do you know what has or hasn't been done behind the scenes. The 14C filing states:
"The Information Statement includes forward-looking statements" and ..."In addition, the Company has based many of these forward-looking statements on assumptions about future events that may prove to be inaccurate. Accordingly, actual outcomes and results may differ materially from what the Company has expressed or forecast in the forward-looking statements."
Maybe Merriman had already filed the 211 to get back on the pinks (without the R/S) and they had reason to believe it will happen before a R/S. In which case, the "continue to trade on the pinks" after the R/S, could turn out to be correct. I think that FORWARD-LOOKING STATEMENTS AND INFORMATION section gave them some leeway in what they stated. Something else that section states: "The Company has not authorized anyone to provide you with different information." So stop! HA HA HA HA HA