Gold Reserve Inc. (TSX.V: GRZ) (OTCQX: GDRZF) (“Gold
Reserve” or the “Company”) provides the following update
on the sale and bidding process (the “Sale Process”) for the
purchase of the common shares of PDV Holdings, Inc.
(“PDVH”), the indirect parent company of CITGO Petroleum
Corp. (“CITGO”), managed by the Special Master (the
“Special Master”) appointed by the U.S. District Court for
the District of Delaware (the “Delaware Court").
This update is qualified in its entirety by reference to such
documentation which is available on the Public Access to Court
Electronic Records (“PACER”) system in the Delaware Court
proceedings, including in Crystallex International Corporation v.
Bolivarian Republic of Venezuela, 1:17-mc-00151-LPS (D. Del.).
On October 1, 2024, the Delaware Court held an in-person hearing
on various issues concerning the Sale Process, including the status
of the “Notice of Special Master’s Recommendation” (“Notice”) filed
on September 27, 2024. At the hearing, multiple parties expressed
substantial objections to the bid for the purchase of the PDVH
shares attached to the Special Master’s Notice. The Special Master
stated inter alia that the bid was non-binding.
On October 2, 2024, the Delaware Court issued orders covering
the rulings made at the hearing, including the following:
- The court cancelled the Sale Hearing scheduled for November 19,
2024.
- The court ordered the Special Master and all parties to meet
and confer and file a joint status report by October 18, 2024,
setting out the parties’ positions on various issues concerning how
the Sale Process should now proceed.
- The court ordered further submissions on the Special Master’s
“Motion to Enjoin the Alter Ego Claimants from Enforcing Claims
Against the Republic or PDVSA by Collecting from PDVH or its
Subsidiaries in Other Forums.”
- The court denied without prejudice the motion filed by the
Bolivarian Republic of Venezuela and Petróleos de Venezuela, S.A.
for a 4-month pause of the Sale Process.
“We welcome the rulings made by the Delaware Court at the
October 1, 2024 hearing and look forward to further participating
in these proceedings and obtaining further clarity on the open
issues concerning Sale Process,” said Paul Rivett, Executive Vice
Chair. “In the interim, Gold Reserve continues to consider all of
its options concerning the Sale Process.”
On Behalf of the Board of Directors
Paul Rivett Executive Vice-Chairman
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. They are frequently
characterized by words such as "anticipates", "plan", "continue",
"expect", "project", "intend", "believe", "anticipate", "estimate",
"may", "will", "potential", "proposed", "positioned" and other
similar words, or statements that certain events or conditions
"may" or "will" occur. Forward-looking statements contained in this
press release include, but are not limited to, statements relating
to the Sale Process, the Proposed Sale Transaction and any
Potential Transaction (as defined below).
We caution that such forward-looking statements involve known
and unknown risks, uncertainties and other risks that may cause the
actual events, outcomes or results of Gold Reserve to be materially
different from our estimated outcomes, results, performance, or
achievements expressed or implied by those forward-looking
statements, including but not limited to: the Sale Process may not
be consummated, including that it may not result in a sale of the
PDVH Shares to any person, including to the Buyer; the Company may
not receive any monies under the Sale Process, including under the
Proposed Sale Transaction, any potential transaction of the Company
solely or with one or more other parties ( “Potential Transaction”)
in relation to the sale of PDVH Shares pursuant to the Sale
Process, including, but not limited to: complying with the topping
bid terms under the Proposed Purchase Agreement, discretion of the
Special Master to otherwise considering any Potential Transaction,
entering into any discussions or negotiation with respect thereto
and that the Special Master may reject any Potential Transaction
including without limitation because the Special Master’s view is
that the Potential Transaction is not of sufficient value, does not
sufficiently take account of the PDVSA 2020 Notes, does not have
sufficient certainty of closing and/or for any other reason; the
form of consideration and/or proceeds that may be received by the
Company in any Potential Transaction; that any Potential
Transaction, and/or the form of proceeds received by the Company in
any Potential Transaction, may be substantially less than the
amounts outstanding under the Company’s September 2014 arbitral
award (the “Award”) and/or corresponding November 20, 2015 U.S.
judgement; the failure of the Company to put forth or negotiate any
Potential Transaction, including as a result of failing to obtain
sufficient equity and/or debt financing; that any Potential
Transaction of the Company will not be selected as a “Successful
Bid” under the Sale Process including complying with any topping
bid procedures, and if selected may not close, including as a
result of U.S. Department of Treasury Office of Foreign Assets
Control (“OFAC”), or any other applicable regulatory body, not
granting an authorization in connection with any potential sale of
PDVH Shares and/or whether OFAC changes its decision or guidance
regarding the Sale Process; failure of the Company or any other
party to obtain any required approvals for, or satisfy other
conditions to effect, any transaction resulting from any Potential
Transaction or the Potential Sale Transaction; that the Company may
forfeit any cash amount deposit made due to failing to complete any
Potential Transaction or otherwise; that the making of any
Potential Transaction or any transaction resulting therefrom may
involve unexpected costs, liabilities or delays; that, prior to or
as a result of the completion of any transaction contemplated by
any Potential Transaction, the business of the Company may
experience significant disruptions due to transaction related
uncertainty, industry conditions or other factors; the ability to
enforce the writ of attachment granted to the Company; the timing
set for various reports and/or other matters with respect to the
Sale Process (including the Sale Motion and Sale Hearing) 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 with the Sale Process the Company
may otherwise receive; the competing claims of certain creditors,
the “Other Creditors” (as detailed in the applicable court
documents filed with the Delaware Court) of the Bolivarian Republic
of Venezuela (“Venezuela”) and/or any of its agencies or
instrumentalities and the Company, including any interest on such
creditors’ judgements and any priority afforded thereto;
uncertainties with respect to possible settlements between
Venezuela, PDVSA, and/or any of their agencies or
instrumentalities, and other creditors and the impact of any such
settlements on the amount of funds that may be available under the
Sale Process; 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; and whether Venezuela or PDVH’s
parent company, Petróleos de Venezuela, S.A., or any other party
files further appeals or challenges with respect to any judgment of
the U.S. Court of Appeals for the Third Circuit, any judgment of
the U.S. District Court of Delaware, or any judgment of any other
court in relation to the Company’s right to participate in any
distribution of proceeds from the Sale Process (including any
Potential Transaction or the Potential Sale Transaction). This list
is not exhaustive of the factors that may affect any of the
Company’s forward-looking statements. For a more detailed
discussion of the risk factors affecting the Company’s business,
see the Company’s Management’s Discussion & Analysis for the
period ended June 30, 2024, Company’s Annual Information Form on
Form 40-F and Management’s Discussion & Analysis for the year
ended December 31, 2023 and other reports 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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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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