U.S. Supreme Court Denies Venezuela Leave to Appeal Order of Delaware Court and Gold Reserve Designated as Additional Judgement Creditor in Delaware Sale Process
09 Januar 2024 - 2:40PM
Business Wire
Gold Reserve Inc. (TSX.V:GRZ) (OTCQX:GDRZF) (Gold Reserve
or the Company) is pleased to announce that in separate
decisions: (i) the U.S. Supreme Court has denied the request by the
Bolivarian Republic of Venezuela (Venezuela) and Petroleos
de Venezuela, S.A. (PDVSA) for permission to appeal the
order issued on July 7, 2023 by the U.S. Court of Appeals for the
Third Circuit that affirmed the decision of the U.S. District Court
of Delaware (the Delaware Court) granting the Company a
conditional writ of attachment of the shares of PDV Holding, Inc.
(PDVH), the indirect parent company of CITGO Petroleum
Corp.; and (ii) the Delaware Court has designated the Company and
certain other creditors of Venezuela as “Additional Judgment
Creditors” for the purposes of the sale process (the Sale
Process) currently underway with respect to the proposed
auction of the shares of PDVH. These two decisions clear two
significant steps for the Company in its efforts to collect its
approximately U.S. $1.1 billion judgment (inclusive of interest)
that is the subject of the Company’s litigation in Delaware. The
Company currently has 99.5 million Class A Common Shares
outstanding (107.3 million shares on a fully-diluted basis).
The Delaware Court previously held that the priority of
judgments of Additional Judgment Creditors will be based on the
date each such creditor filed a motion for a writ of attachment
that was subsequently granted. According to a chart filed with the
Delaware Court in December 2023 by the Special Master appointed to
manage the Sale Process, there are 12 judgments for which writs of
attachment have been granted and for which the motions were filed
before the Company’s motion. These judgments, according to the
Special Master’s chart, represent an aggregate amount of U.S.
$5.564 billion, inclusive of interest through August 2023. The
Special Master noted that the amounts and priorities set forth in
this chart have not yet been endorsed or validated by the Special
Master.
The most recent order of the Delaware Court also confirmed that
the designation of Gold Reserve and other creditors as Additional
Judgment Creditors now sufficiently protects the Sale Process in
the event of any settlement with Crystallex International Corp.
and/or ConocoPhillips Company because Additional Judgment Creditors
have rights under both the order appointing the Special Master for
the Sale Process and the order under which the Sale Process is
being carried out.
This release has been approved by Rockne J. Timm, CEO of the
Company.
Further information regarding the Company can be located at
www.goldreserveinc.com, www.sec.gov, and sedarplus.ca.
CAUTIONARY STATEMENT REGARDING FORWARD-LOOKING
STATEMENTS
This release contains “forward-looking statements” within the
meaning of applicable U.S. federal securities laws and
“forward-looking information” within the meaning of applicable
Canadian provincial and territorial securities laws and state Gold
Reserve’s and its management’s intentions, hopes, beliefs,
expectations or predictions for the future. Forward-looking
statements are necessarily based upon a number of estimates and
assumptions that, while considered reasonable by management at this
time, are inherently subject to significant business, economic and
competitive uncertainties and contingencies. We caution that such
forward-looking statements involve known and unknown risks,
uncertainties and other risks that may cause the actual outcomes,
financial results, performance, or achievements of Gold Reserve to
be materially different from our estimated outcomes, future
results, performance, or achievements expressed or implied by those
forward-looking statements, including without limitation, including
whether the Sale Process will be completed, whether the United
States Office of Foreign Asset Control (OFAC) will grant an
authorization in connection with any potential sale of PDVH shares
and/or whether it changes its decision or guidance regarding the
Sale Process, the ability to enforce the writ of attachment granted
to Gold Reserve, the timing set for various reports and/or other
matters with respect to the Sale Process may not be met, the
ability of the Company to otherwise participate in the Sale Process
(and related costs associated therewith), the amount, if any, of
proceeds associated therewith; the competing claims of certain
creditors, the Other Creditors (as detailed in the applicable court
documents filed with the Delaware Court) of Venezuela and the
Company, including any interest on such creditors’ judgements, any
priority afforded thereto, uncertainties with respect to possible
settlements between Venezuela and other creditors and the impact of
any such settlements on the amount of funds that may be available
under the Sale Process, the proceeds from the sale of the PDVH
shares may not be sufficient to satisfy the amounts outstanding
under the Company’s September 2014 arbitral award and/or
corresponding November 15, 2015 U.S. judgement in full and the
ramifications of bankruptcy with respect to the Sale Process and/or
the Company’s claims, including as a result of the priority of
other claims. This list is not exhaustive of the factors that may
affect any of Gold Reserve’s forward-looking statements. For a more
detailed discussion of the risk factors affecting the Company’s
business, see the Company’s Annual Report on Form 20-F and
Management’s Discussion & Analysis for the year ended December
31, 2022 and other reports (including Management’s Discussion &
Analysis for the period ended September 30, 2023) that have been
filed on SEDAR+ and are available under the Company’s profile at
www.sedarplus.ca and which have been filed on EDGAR and are
available under the Company’s profile at www.sec.gov/edgar.
Investors are cautioned not to put undue reliance on
forward-looking statements. All subsequent written and oral
forward-looking statements attributable to Gold Reserve or persons
acting on its behalf are expressly qualified in their entirety by
this notice. Gold Reserve disclaims any intent or obligation to
update publicly or otherwise revise any forward-looking statements
or the foregoing list of assumptions or factors, whether as a
result of new information, future events or otherwise, subject to
its disclosure obligations under applicable rules promulgated by
the Securities and Exchange Commission and applicable Canadian
provincial and territorial securities laws.
Neither the TSX Venture Exchange nor its Regulation Services
Provider (as that term is defined in policies of the TSX Venture
Exchange) accepts responsibility for the adequacy or accuracy of
this release.
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version on businesswire.com: https://www.businesswire.com/news/home/20240109209909/en/
Gold Reserve Inc. Contact Jean Charles Potvin 999 W.
Riverside Ave., Suite 401 Spokane, WA 99201 USA Tel: (509) 623-1500
Fax: (509) 623-1634
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