I agree - they are entitled to the earnout shares based on performance but it would be a tremendously positive indication of the viability of the company and a show of support for shareholers if they were to reject the shares. It would also eliminate the discussion of "oh, they fudged 2010 earnings so they could get the shares - that's why Deloitte quit".
Something else I will throw in is that maybe a share buyback (presumably at market prices) vs. a tender offer (establishing a specific floor price for the stock) could be debated here.
Finally, I agree with HG coming out publicly assuming he is going to talk about his continued support of and involvement with the company.
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