definiens: shall mean ( i ) Encumbrances for Taxes or other governmental charges, assessments or leviesthat are not yet due and payable or being contested in good faith by appropriate proceedings, ( ii ) statutory landlord’s, mechanic ’s, carrier ’s, workmen ’s, repairmen ’s or other similar Encumbrances arising or incurred in the ordinary course ofbusiness, the existence of which does not, and would not reasonably be expected to, materially impair the marketability, valueor use and enjoyment of the asset subject to such Encumbrances, and ( iii ) Encumbrances and other conditions, easements andreservations of rights, including rights of way, for sewers, electric lines, telegraph and telephone lines and other similarpurposes, and affecting the fee title to any real property leased by any of the Neuromed Entities and being transferred toCombinatoRx or Merger Sub at Closing which are of record as of the date of this Agreement and the existence of which doesnot, and would not reasonably be expected to, materially impair use and enjoyment of such real property, and ( iv ) with respectto Leased Real Property only, Encumbrances ( including Indebtedness ) encumbering the fee title interested in any Leased RealProperty which are not attributable to any of the Neuromed Entities . Notwithstanding the foregoing, any Encumbrances forIndebtedness of any of the Neuromed Entities as of the Closing will not be a Permitted Encumbrance