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Gold Reserve files to disqualify Elliott's bid for Citgo parent

Gold Reserve filed a motion on Wednesday to disqualify an opposing bid by an affiliate of Elliott Investment Management, which a Delaware court selected this month as the frontrunner in an online auction for Citgo Petroleum’s parent.

The auction of PDV Holding (parent of Venezuelan refiner Citgo) was overseen by a court officer who determined that the winning bid in the competition was a $5.86-billion offer made by Elliott affiliate Amber Energy, despite his recommendation in July of a $7.4-billion bid from a group headed up Gold Reserve subsidiary Dalinar Energy.

The officer will now have to submit a fresh recommendation by Friday. This will be reviewed by Judge Leonard Stark in the next month.

Gold Reserve stated in its motion to strike that the determination that Amber Energy's bid was superior was "contrary to this court’s orders and discards the bid procedures on which Gold Reserve, other parties, and the attached judgment creditors relied upon, and threatens short-changing the attached judgement creditors by $1.5 Billion relative to Dalinar Energy’s $7.382 Billion bid."

Amber offers a settlement to holders of Venezuelan bonds that have defaulted, which would release a claim of $2.86 billion.

According to its website, Gold Reserve, a Canadian-listed company is focused on managing and monetizing legal and arbitral claim collections after its mining assets in Venezuela were expropriated.

Gold Reserve's attorneys told the court in August that they would invalidate Amber's bid, claiming it did not comply with certain bidding conditions.

A motion to strike in a court-organized sale is a request for invalidation or removal of a bid, challenging a particular aspect of the auction process. It does not challenge the entire auction.

In January, the complex auction to pay 15 creditors for defaults on debts and expropriations of Venezuela and its oil company PDVSA has been relaunched. The year-long auction process that included Amber's bid last year ended in chaos due to the objections of creditors. (Reporting and editing by Nathan Crooks, Jamie Freed, and Marianna Pararaga)

(source: Reuters)