definiens: means ( i ) Encumbrances for Taxes, assessments and other government charges not yet due andpayable, or which are being contested in good faith by appropriate proceedings, ( ii ) mechanics ’, workmens ’, repairmens’,warehousemens ’ or carriers ’ Encumbrances arising in the ordinary course of business of the Company and the CompanySubsidiaries, ( iii ) in respect of the Real Property : ( A ) easements, rights - of - way, servitudes, permits, licenses, surface leases, ground leases to utilities, municipal agreements and, railway siding agreements and other rights of record, ( B ) conditions, covenants or other similar restrictions of record, ( C ) easements for streets, alleys, highways, telephone lines, gas pipelines, power lines, railways and other non - monetary exceptions to title of record on, over or in respect9 of any Real Property, ( D ) encroachments and other similar matters that would be shown in an accurate survey of the OwnedReal Property and ( E ) liens in favor of the lessors under the Leases, or encumbering the interests of the lessors under theLeases in the Leased Real Property, ( iv ) Encumbrances securing rental payments under capitalized and/or operating leases,(v ) Encumbrances that do not otherwise materially detract from the value or current use of the applicable asset or RealProperty, individually or in the aggregate, and ( vi ) the Encumbrances set forth on Schedule 1.2