definiens: means ( a ) encumbrances of mechanics, labourers, workmen, builders, contractors, suppliers of material or architects or other similar encumbrances incidental to construct ion, maintenance or repair operations which have either been registered or filed pursuant to Laws against t he Seller ( or at Closing, the Company ) or not yet registered or filed and which, in any such case, relate to obl igations not due and payable ; ( b ) statutory encumbrances relatin g to obligations not due and payable ; ( c ) Encumbran ces for Taxes, assessments, Governmental Authority charges or levies not due and payable as at the date hereof ; ( d ) Encumbrances for public utilities not due and p ayable as at the date hereof ; ( e ) rights of equipme nt lessors under equipment contracts provided the terms of suc h equipment contracts have been complied with up to and on the date hereof ; ( f ) financing statements evidencin g the rights of equipment lessors under equipment c ontracts in and to the equipment and vehicles which are subject to such contracts provided the terms of such equip ment contracts have been complied with up to and on the date hereof ; ( g ) any privilege in favour of any les sor, licensor or permitter for rent -12- to become due or for other obligations or acts, the performance of which is required under contracts s o long as the payment of or the performance of such other obl igation or act is not delinquent and provided that such Encumbrances or privileges do not affect the use or value of the assets affected thereby ; and ( h ) the Encumbrances listed in Schedule 3.11