By Andrew Scurria
Venezuela can afford to make a payment to bondholders next week,
avoiding a $913 million debt default that would cost the country
control of Citgo Petroleum Corp., according to a lawyer for
creditors circling the Houston-based refiner.
Andrew Rosenberg, who represents creditors with collateral
rights over Citgo, said he believes Venezuela's U.S.-backed
opposition leaders have access to enough cash to make an upcoming
payment on bonds backed by a majority stake in the company, a
Venezuelan state asset since 1990. But bondholders are also drawing
up plans to take over Citgo if they aren't paid, he said.
The looming payment has the opposition government led by Juan
Guaidó scrambling. After taking control of Citgo from Venezuela's
ruling leftist government in February, opposition leaders now risk
losing control of the company, considered the country's most
valuable foreign asset.
It is also an obvious source of repayment for creditors --
bondholders that lent money to Venezuela under President Nicolás
Maduro and multinational companies that had property in the country
nationalized under his late predecessor, Hugo Chávez. There isn't
nearly enough of Citgo to go around, sparking a race among
creditors to lay claim to the company.
Off all the claimants circling Citgo, its most immediate threat
is from bondholders including Ashmore Group PLC, BlackRock
Financial Management Inc. and Contrarian Capital Management LLC
that are represented by Mr. Rosenberg and hold a 50.1% stake in the
company as collateral.
While Venezuela has been careful so far to pay down the
Citgo-backed bonds, Mr. Guaidó's parallel government has signaled
they won't be paid in full on Oct. 28.
A voluntary restructuring of the debt could avert a default, Mr.
Rosenberg said. Bondholders have signed confidentiality agreements
to negotiate with the opposition but haven't reached a standstill
agreement, a person familiar with the matter said. Citgo has
considered bankruptcy as one option if creditors closed in, and
companies often file for chapter 11 protection shortly before an
expected foreclosure. Citgo declined to comment.
After a default, the bondholders can try to foreclose on the
collateral and put the shares up for sale, which could take Citgo
out of Venezuelan control and deal a crippling blow to the
opposition movement in Caracas.
Bondholders would appoint a board of directors consisting of
Americans to run Citgo for an interim period while the stock is put
up for auction, Mr. Rosenberg said. Financial adviser Ducera
Partners LLC has been hired to assist in a potential marketing
process, he said.
After the bondholders are repaid, excess value from the sale
would return to the opposition, Mr. Rosenberg said. He said the
most likely buyer was a major U.S. oil company.
Mr. Guaido's aides have been lobbying the Trump administration
to modify U.S. sanctions on Venezuela to take away bondholders'
ability to foreclose on the shares. Seven mostly Republican
lawmakers have urged President Trump to order the modification,
which would shield Citgo from the consequences of default.
So far, the Treasury Department hasn't done so. Mr. Rosenberg
dismissed lawmakers' concerns that Citgo would be dismantled and
sold for parts after a foreclosure, saying that creditors have no
reason to push for a liquidation because they can only recoup what
they are owed -- and no more.
"Corporate raiders who break up companies, it's because they
bought it for $6 a share and they think they can get $9", Mr.
Rosenberg said. "There's no possible upside to us in disrupting
operations. It's entirely fearmongering."
He also said the opposition can pay bondholders either from cash
held by Citgo itself or from blocked accounts that came under Mr.
Guaidó's control when the U.S. recognized him as Venezuela's
rightful leader in January.
Other Venezuela bondholders including T. Rowe Price Group Inc.
had offered to cover the debt payment, but only if the Treasury
Department's trading restrictions on Venezuelan debt were lifted, a
person familiar with the matter said. The Treasury Department has
signaled it isn't inclined to lift the restrictions, which block
sales of Venezuela bonds between U.S. entities.
José Ignacio Hernández, Mr. Guaidó's attorney general, disputed
that the opposition had the resources to pay in full on Oct. 28.
Its goal is "finding a reasonable solution in an orderly and
consensual process," he said.
The opposition-controlled National Assembly in Caracas passed a
resolution on Tuesday declaring the pledge of Citgo stock by state
oil giant Petróleos de Venezuela SA to be illegal, showing the
political difficulties of dealing with debt incurred under Mr.
Maduro.
With U.S. support, Mr. Guaidó and his allies wrested control of
Citgo's boardroom in February, severing its ties with PdVSA and
installing friendly directors. In August, a Delaware judge ratified
them as the company's rightful board. The takeover marked a victory
for the opposition, but meant the bond payments were now its
responsibility to make.
The uncertainty surrounding Citgo underscores the difficulties
in the Trump administration's strategy of putting financial
pressure on Mr. Maduro to try to force his ouster. Last year,
before Mr. Guaidó made his bid for Venezuela's presidency, the
Treasury Department authorized bondholders to pursue Citgo after a
default.
Citgo has argued the policy no longer makes sense with the
company now under the control of Mr. Guaidó, a U.S. ally. Mr.
Maduro, who retains control of most key state institutions in
Venezuela including the military, has accused the U.S. of
"stealing" Citgo by funneling it to the opposition.
"Citgo at this point is more than Venezuela's refiner in the
U.S.," said Amir Richani, a risk analyst with ClipperData. "It
represents the internal struggle of the country's politics."
Write to Andrew Scurria at Andrew.Scurria@wsj.com
(END) Dow Jones Newswires
October 21, 2019 13:39 ET (17:39 GMT)
Copyright (c) 2019 Dow Jones & Company, Inc.