First, the Federal Appeals Court in Washington ruled a few years ago that there was a contractual relationship between the companies and these preferred shareholders.
Certainly Bove is biased in terms of the pref-versus-common debate, but he doesn't mention the commons at all. Given that his arguments for the prefs going to par (and much of the claims in the various lawsuits) rest on their contractual rights, I don't know if any of this can be applied to the common shares.