definiens: or means any and all Claims, demands, ﬁnes, liabilities, losses, obligations, penalties, judgments, damages, charges, costs, debts and indebtedness ( whether direct or indirect, known or unknown, absolute orcontingent, asserted or unasserted, accrued or unaccrued, matured or unmatured, determined or determinable, liquidated orunliquidated, or due or to become due, and whether in contract, tort, strict liability, successor liability or otherwise ), andincluding all costs and expenses related thereto ( including fees, discounts, expenses of legal counsel, experts, engineersand consultants, and costs of investigations ) . means any as that term is used in Section 363(f ) of the Bankruptcy Code, lien ( including anymechanics lien ), encumbrance, license, pledge, mortgage, indenture, deed of trust, security interest, pledge, hypothecation, claim, lease, charge, escrow, option, right of ﬁrst oﬀer, right of ﬁrst refusal, preemptive right, easement, servitude, reservation, covenant, encroachment, right of use, right of way, security agreement or other similar agreement, arrangement, contract, commitment, understanding or obligation ( whether written or oral and whether or not relating in anyway to credit or the borrowing of money ) of any kind with respect to any Person, or any proxy, voting trust or agreement, transfer restriction under any shareholder or similar agreement or encumbrance or any other right of a third party in respectof an asset of such Person