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Citgo auction: Bidders and creditors fight in US court

Citgo auction: Bidders and creditors fight in US court

Bidders pursue the parent company of Venezuelan-owned U.S. refiner

Citgo Petroleum

Creditors waiting to receive proceeds from the court ordered auction clashed on Tuesday in Delaware over which offer would be approved at the end of two years.

The court is trying its best to finish the auction in order to compensate up 15 creditors for defaults on debts and expropriations that occurred in Venezuela. Citgo Holding, Citgo's parent company, was found responsible for Venezuela's debt in the eight-year long case.

Citgo and Venezuela lawyers asked the court to reject the $5.9 billion offer of an affiliate of Elliott Investment Management because of its "low price", which was lower than a rival bid by a subsidiary Gold Reserve, and that the sale process is "defective."

An officer in charge of the auction recommended that Elliott's Amber Energy bid be accepted, after previously supporting Gold Reserve.

The court's marketing efforts were defended by Robert Pincus, a court officer.

Amber's offer, he said, implies an estimated business value of $9.5 billion. It also offers the best combination between price and likelihood that the transaction will be completed.

Amber's proposal includes a separate agreement to pay $2.1billion to holders of Venezuelan bonds that have defaulted. The agreement only lasts until early December. Counsels for Amber, Pincus and the Court have asked the court to select a winner as soon as possible.

This week, Delaware Judge Leonard Stark heard arguments regarding motions filed by Venezuela or Gold Reserve seeking to disqualify Stark, court officer Pincus, and two advisory firms for alleged conflicts of interest.

The court also heard the final arguments about the bids.

Nathan Eimer said that Amber's offer "is so low...that it shocks this court's conscience and cannot be confirmed" during the hearing.

Gold Reserve asked the court also to reject Amber’s bid in favor of the offer made by its subsidiary, which was about $2 billion more expensive but did not include a payment agreement with the Venezuelan bondholders.

CREDITORS V BONDHOLDERS

Gold Reserve intends to divide auction proceeds between a greater number of Delaware creditors, rather than settle the bondholders claim. This is because a New York court has yet to resolve the validity of the notes.

Matthew Kirtland said that it would be an injustice if a significant amount of money was transferred from the attached judgement creditors to the 2020 bondholders based on a security or pledge instrument which might be invalid.

Since the U.S. imposed sanctions on Venezuela in 2019, Citgo severed ties with its ultimate parent, Caracas-headquartered oil company PDVSA, and is now controlled by boards appointed by an opposition-led congress.

Both the government of President Nicolas Maduro and the opposition political party reject the auction. The Treasury Department of the United States, which shielded Citgo against creditors in recent years must approve the winner.

(source: Reuters)