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US judge confirms Red Tree as the starting bid for Citgo parent's auction

US judge confirms Red Tree as the starting bid for Citgo parent's auction

According to a court document, a U.S. Federal judge confirmed on Monday that a $3.7billion offer made by Red Tree Investments, an affiliate of Contrarian Funds to pay bondholders and creditors in an auction for shares of the parent company of Venezuelan-owned refiner Citgo Petroleum was the starting bid.

The offer, which had been recommended by a court officer overseeing the auction, unleashed a battle among 16 creditors seeking to cash proceeds from the auction, with some supporting the bid because it includes a payment agreement with holders of a bond issued by Citgo's ultimate parent, Caracas-headquartered PDVSA, and others saying it was too low.

A consortium led miner Gold Reserve had submitted a $7.1 Billion proposal.

Rival bid

Other creditors and lawyers representing Venezuela filed objections against Red Tree's bid. These were overruled U.S. district judge Leonard Stark.

Stark's decision stated that "Red Tree’s bid represents the best balance between the evaluation criteria which can be summarized as the price and the certainty of closing", adding that this offer should encourage competitiveness.

The judge asked Robert Pincus, the court officer, to suggest a time period to top off Red Tree’s offer. This is expected to result in a winning bid for the auction whose final hearing will be held in July.

Pincus' final bid recommendation was to be "more focused on price, and less on certainty", as instructed by the Judge.

A previous round of bidding last year saw most creditors reject a $7.3billion offer from an affiliate hedge fund Elliott Investment Management because it included conditions.

Red Tree's selection as the stalking horse for this round is expected to encourage other bidders to offer up to $3 billion in compensation to holders of PDVSA 2020 bonds that were collateralized by Citgo equity.

Citgo is valued between $11 billion to $13 billion. The final bids in the auction are expected to be below $8 billion. The more money paid to bondholders will leave less to pay other creditors. These include foreign oil companies, mining companies, and industrial conglomerates, whose Venezuelan assets have been expropriated.

(source: Reuters)