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Elliott and Gold Reserve affiliates are working on bids for Citgo parent company as the bidding deadline approaches

Elliott and Gold Reserve affiliates are working on bids for Citgo parent company as the bidding deadline approaches

The U.S. court is about to announce the winner of an auction of shares in Citgo Petroleum, the parent company of the U.S. refiner. Affiliates of the hedge fund Elliott Investment Management as well as miner Gold Reserve are leading the competition.

Robert Pincus, a U.S. court official, has until Monday to decide whether the $7.4 billion offer from Gold Reserve subsidiary Dalinar Energy that he had previously recommended remains in front or if a rival bid is superior.

In the final round of bidding, Elliott's affiliate Amber Energy and a unit from commodities firm Vitol as well as a consortium headed by Black Lion Capital Advisors made offers. The court extended the deadline for bidding to Friday, and delayed the final sale hearing until September.

According to court documents and sources familiar with the preparation of the bids, Amber and Gold have now surpassed the other bidders in the competition. Their offers are substantially different.

The main differences include the cash amount offered and non-cash considerations. Also, a negotiation was conducted to pay holders who had a Venezuelan defaulted Bond collateralized by Citgo equity.

Amber said to the Delaware court that it had reached an agreement with more than two thirds of holders. The Gold Reserve Group, which does not have a payment plan for the bondholders in its bid, believes that its offer is superior because it covers 11 of 15 claimants who are lining up cash proceeds.

Judge Leonard Stark instructed Pincus, and the court advisors involved in the auction earlier this year to put price ahead of "certainty" of closure. This term describes a proposal's chance of becoming a takeover.

Amber's bid, which offers $5.86bn to creditors and 2.86bn to bondholders, must prove to the court that it has reached agreements. Gold Reserve has the right to object to any competing bid based on procedural issues. If it loses, the group can increase its own bid.

Amber and Dalinar didn't immediately respond to requests for comments.

According to a new court calendar approved on Friday, Gold Reserve’s Dalinar has only three days to match any better proposal. Gold Reserve announced on Friday that it had engaged Cantor Fitzgerald as its financial advisor to help with the bid.

Sources said that Dalinar's potential strategy to increase its bid might include adding more creditors to the proposal. This is currently being discussed.

Amber has also been in contact with at least 2 creditors who are willing to convert their claims in to credit bids.

In some auctions, credit bids are accepted to allow creditors to purchase assets or shares at auction to pay off their debts. The court said that in this case credit bids and cash offers must be combined.

The auction is intended to compensate 15 creditors for Venezuela's debt defaults and expropriations by paying up to $19billion. The court that has been handling this case since 2017 found Citgo Holding's parent PDV Holding responsible for Venezuela's debts.

(source: Reuters)