HOUSTON, Jan 27 (Reuters) - A U.S federal judge in
Delaware on Monday approved new terms to relaunch bidding in a
complex auction of shares in the parent of Venezuela-owned
refiner Citgo Petroleum, set to pay creditors for defaults and
expropriations in the South American country.
The changes seek to encourage higher offers and grant a fair
bidding process for all parties after a $7.3 billion conditional
bid by an affiliate of hedge fund Elliott Investment Management
last year was rejected by most of the 18 creditors participating
in the auction.
Judge Leonard Stark approved a termination fee equivalent to
3% of the value of attached judgments if a court officer
overseeing the process recommends a bid other than the stalking
horse bid.
A stalking horse bid, which could secure a higher value
for the shares, had not been used in previous rounds.
An up to $30 million reimbursement of termination expenses
was also approved, another protection for companies willing to
participate.
The judge clarified that leading creditors Crystallex and
ConocoPhillips ( COP ) are allowed to make any type of bid in
the rounds, including using their claims as credit bids. Parties
representing Venezuela can also separately submit bids.
At least two groups of creditors last year told the
court they could present offers in a new round.
In December, Stark ordered the reopening of a
data room
by Citgo to provide information to potential bidders.
A final schedule for the auction must yet be issued by
the court, but the final sale hearing is expected for the second
half this year.