MARPORT definition
MARPORT has applied to the State of Indiana Department of Environmental Protection for a new air emissions Permit. Such new Permit (when granted) will allow Marport to operate its facility at the greater of the applicable limit of its existing air emissions Permit or the maximum current operating capacity of such facility. Except as disclosed on EXHIBIT 3.1.20, each of such Permits and Alumar's or the Subsidiaries' rights with respect thereto (a) is valid and subsisting, in full force and effect, and enforceable by Alumar or the Subsidiaries (except as enforceability may be limited by bankruptcy, insolvency, reorganization and other laws affecting the enforcement of creditors' rights generally and except that the availability of the remedy of specific performance or other equitable relief is subject to the discretion of the court before which any proceeding therefor may be brought), and (b) following consummation of the Merger will continue to be valid and subsisting in full force and effect, and enforceable by the Surviving Corporation or the Subsidiary holding such Permit (subject to the foregoing limitation) without any consent or approval of any Governmental Authority. Alumar and the Subsidiaries are in compliance in all material respects with the terms of such Permits. None of such Permits have been, or, to the knowledge of the Shareholders, are threatened to be, revoked, canceled, suspended or modified.
MARPORT means Marport Smelting, L.L.C., an Indiana limited liability company which is 50% owned by Tropram.