Gold Reserve Announces U.S. Delaware Court Issues Order Related to the PDVH Holding Sale Process
July 28 2023 - 10:58AM
Business Wire
Gold Reserve Inc. (TSX.V:GRZ) (OTCQX:GDRZF) (Gold Reserve
or the Company) announces that on July 27, 2023 the U.S.
District Court for the District of Delaware (the Delaware
Court ) issued a decision on certain issues concerning the PDVH
sale process, including determining the process by which creditors
of the Bolivarian Republic of Venezuela and Petroleos de Venezuela,
S.A. (PDVSA) (collectively, the Creditors) can be
named “Additional Judgment Creditors” and thereby participate in
the previously announced sale process (the Sale Process) for
the shares of PDV Holding, Inc. (PDVH), the indirect parent
company of CITGO Petroleum Corp. The Delaware Court held that for a
Creditor to be an Additional Judgment Creditor, it must obtain a
conditional or unconditional writ of attachment from the Delaware
Court. As previously disclosed, the Company obtained a conditional
writ of attachment from the Delaware Court by order dated March 30,
2023.
The Delaware Court further held that the priority of judgments
of Additional Judgment Creditors will be based on the date a
Creditor filed a motion for a writ of attachment that was
subsequently granted. The Company filed its motion on October 20,
2022. According to public records, there are 10 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 Delaware Court’s present order, represent an aggregate
principal amount of U.S. $4.684 billion, exclusive of interest.
As previously disclosed by the Company on May 3, 2023, the U.S.
Office of Foreign Assets Control (OFAC) issued recent
guidance that a licence will be required before any sale of PDVH
shares can be executed.
Rockne J. Timm, CEO stated, “The decision by the Delaware Court
is welcome but, at the same time, and subject to applicable
sanctions laws in the U.S. and Canada, we are open to resolving
amicably all of our pending issues with Venezuela. This includes,
but is not limited to, our approximately U.S. $1 billion judgment
(inclusive of interest) that is the subject of the Company’s
litigation in Delaware, but also the recovery of our Bandes Trust
funds and the more recent expropriation of the Siembra Minera
mining rights.”
A copy of this recent decision of the Delaware Court can be
accessed on the Company’s website at www.goldreserveinc.com.
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, whether
the Sale Process will be completed, whether 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, that PDVH’s parent company, PDVSA has opposed the
inclusion of any additional judgements in the Sale Process and may
appeal the decision of the U.S. Court of Appeals for the Third
Circuit upholding the previous orders of the Delaware Court and/or
this most recent decision of the Delaware Court, including the
potential time and cost associated with any such appeal(s) and
whether PDVSA or any other appealing party will be successful in
any such appeal(s), 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, the proceeds from the sale of the PDVH
shares may not be sufficient to satisfy the amounts outstanding
under the September 2014 arbitral award and/or corresponding
November 15, 2015 U.S. judgement in full and the ramifications of
the bankruptcy of PDVH 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 March 31, 2023) that have been filed
on SEDAR and are available under the Company’s profile at
www.sedar.com 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.
This release has been approved by Rockne J. Timm, CEO of the
Company.
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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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