Completely disagree. If what they are working in now comes to fruition, they need to sell licensing rights to other battery manufacturers, not the entire company.
Good luck with getting enough financing to stay alive from trying to do that.
I have a little, unfortunate, personal experience with venture capital. And I learned one lesson: most VCs and corporate execs are greedy bastards, in a very particular way. Maxwell won't find anyone who wants to buy anything less than the whole company. They look cash-poor (58M in cash, 36M net loss per year, 45M loss from continuing operations, only $10M in lines of credit) and the vultures are circling. Their choice will be: sell the whole company, dilute it massively, or watch the patents be bought off the bankruptcy estate. Unless they get a white knight. Do they have a white knight lined up? None of the battery makers will agree to just buy licensing rights when they see a bankruptcy auction ahead of them.
The crash in the MXWL stock price before the Tesla merger was, IMO, due to this. They're not profitable, they're not cashflow positive, and they don't have a path to get there without a partner. Maxwell are really in the cash crunch which people mistakenly think Tesla is in. The technology is probably great, but I have serious doubts that they can get it into production without losing control.
I'm analogizing from personal experience here.
The merger is the best option for MXWL stockholders, unfortunately. Unless they have a white knight, but they don't.
Will the stockholders refuse to tender their shares anyway? Yeah, they might. Since I own a little (bought on the merger arb), that would make me sad, as I'd lose half my money when the stock goes down to $2/share. It is definitely a real possibility though.
I don't think Tesla will raise their bid again; they raised it many, many times during the negotiations. They might raise it ONCE more, MAYBE. Or they might say "not worth it" and walk away; they can bid on the bankruptcy estate as well as anyone else.