(Updates July 1 story with context on the auction, procedure in
paragraphs 1, 2, 4-8 and 19)
By Marianna Parraga
HOUSTON, July 2 (Reuters) - A U.S. court has received
last-minute improved bids in a auction of shares in the parent
of Venezuela-owned Citgo Petroleum from at least three
consortia, potentially raising the price tag for the seventh
largest U.S. refiner.
A Delaware court officer overseeing the auction is
expected to recommend a winner on Wednesday unless he requests
more time to evaluate the revised bids, which were allowed
through Tuesday.
The court-organized auction stems from an eight-year-old
case that Canadian miner Crystallex initiated in Delaware
against Venezuela. The federal court found Citgo's parent, PDV
Holding, liable for Venezuela's debts and past expropriations,
paving the way for over a dozen other creditors to pursue
compensation of nearly $19 billion.
A second bidding round initiated this year is expected to be
completed soon when a winner is selected, following a string of
delays, but results could be delayed until all improved bids are
evaluated. The final hearing on results was set for August 18.
A $3.7 billion starting bid by Contrarian Funds' affiliate
Red Tree Investments, which included a separate $2 billion
agreement to pay holders of a defaulted Venezuela bond, kicked
off the round in March. Rivals began placing their offers in
April.
Rival bidders include a group by a subsidiary of miner Gold
Reserve ( GDRZF ), Rusoro Mining ( RMLFF ) and conglomerate Koch; a
group led by private equity firm Black Lion Capital Advisors;
and a consortium led by commodities house Vitol, according to
court filings and sources.
Elliott Investment Management's affiliate Amber Energy also
considered a bid, but it remains unclear if it submitted a
revised offer during the "topping" period, which finalized on
June 18 but left room to revise offers already submitted through
July 1.
Court officer Robert Pincus last month said the recent
resolution of parallel legal cases in pursuit of the same assets
was encouraging new bids.
How big a loss could this be for Venezuela?
If Venezuela, which owns 100% of the refiner and its
U.S.-based parent companies, fails to retain some equity, it
would lose its most significant overseas asset. The country,
with foreign debt reaching $150 billion, has already lost other
assets in Europe and Asia to creditors.
Delaware Judge Leonard Stark has left open a possibility for
parties representing Venezuela to submit an offer. But boards
supervising the refiner would need to secure backing from
politicians in both Caracas and Washington, a challenge given
U.S. sanctions on the OPEC nation and otherwise strained ties.
Prior to the sanctions, Citgo's 807,000-barrel-per-day
refining network was a primary processor of Venezuela's heavy
sour crudes. Since Citgo cut ties with its ultimate parent,
Caracas-based state-run oil company PDVSA, in 2019, Venezuela
has struggled to find new markets for its oil, while the
Houston-based refiner has resorted to other crude suppliers.
Venezuela's opposition, which through its Congress majority
in 2019 appointed the boards that now supervise the refiner, has
worked for years to retain Citgo, including funding legal
defenses and lobbying in Washington. The U.S. Treasury
Department, which has shielded Citgo from creditors in recent
years, must approve the auction's eventual winner.
Opponents of Venezuelan President Nicolas Maduro have said
Citgo could aid the nation's economic recovery if democracy is
restored. Maduro's officials have rejected U.S. sanctions and
called the auction the robbery of a sovereign asset.
Can creditors claim post-auction compensation?
Yes. Many creditors including ConocoPhillips ( COP ), which
holds the largest claims of almost $12 billion, and Gold
Reserve ( GDRZF ), have pursued legal action outside of the U.S. to seize
Venezuela-owned assets, such as bank accounts, tankers and
PDVSA-controlled storage facilities.
The creditors, who rejected the outcome of a bidding round
last year due to conditions imposed by the winner, Elliott's
affiliate Amber Energy, can submit objections if dissatisfied
with its results.
They can also continue parallel cases in other U.S. courts,
which so far have not significantly progressed to enforce
bond-related claims or prove that PDVSA's U.S. subsidiaries
should be liable for Venezuela's debts, a necessary step to
pursue Citgo's assets.
Accumulating legal costs and uncertain recovery prospects
led three of the 18 creditors originally cleared by the court to
withdraw. Others, including an owner of artifacts that belonged
to Venezuelan independence hero Simon Bolivar, did not fulfill
all court requirements to participate.
Will all creditors be compensated?
Unlikely. Citgo was valued between $11 billion and $13
billion as part of the Delaware case.
Despite a rising price tag due to last-minute competition
among bidders, the refiner's recent weak performance, including
a profit that plummeted to $305 million last year from $2
billion in 2023, could affect its valuation.
These factors suggest that a portion of the 15 registered
creditors, collectively claiming $18.9 billion, may not receive
distributions from the auction.