definiens: means any mortgage, pledge, lien, security interest, charge, adverse or prior claim, encumbrance, restriction on transfer, conditional sale or other title retention device or arrangement ( including without limitation a capital lease ), transfer for the purpose of SUbjection to the payment of any Debt or other obligation, or restriction on the creation of any of the foregoing, whether relating to any property or right or the income or profits therefrom ; provided, however, that the term shall not include ( i ) statutory liens for Taxes to the extent that the payment thereof is not in arrears or otherwise due, ( ii ) encumbrances in the nature of zoning restrictions, easements, rights or restrictions of record on the use of real property if the same do not impair its use of the Division Assets as currently conducted, ( iii ) statutory or common law liens to secure landlords, lessors or renters under leases or rental agreements confined to the premises rented to the extent that no payment or performance under any such lease or rental agreement is in arrears or is otherwise due, ( iv ) deposits or pledges made in connection with, or to secure payment of, worker 's compensation, unemployment insurance, old age pension programs mandated under applicable Legal Requirements or other social security and ( v ) statutory or common law liens in favor of carriers, warehousemen, mechanics and materialmen, statutory or common law liens to secure claims for labor, materials or supplies and other like liens, which secure obligations to the extent that payment thereof is not in arrears or otherwise due