If this company sells for a significant premium over debt and other obligations, the lawsuits would sink them if they tried to cancel the common shares. It's difficult to know who still holds shares, but GE had millions and Wanxiang has 170 million. Do you think both of these organizations would allow A123 to screw them over that easily?
I have to agree with Rainmaker and the Professor that this is potentially a once in a lifetime - or, at a minimum, a very rare opportunity, to acquire shares in a very real, very valuable company/technology.