definiens: means any ( i ) Encumbrance for any Tax, assessment or other governmental charge which has not commenced accruing penaltyor interest charges for non - payment or is being contested in good faith byappropriate proceedings, ( ii ) mechanics ', carriers ', workmen 's, repairmen's, landlord 's or other similar lien arising from or incurred in the - 10 -<PAGE > ordinary course of business which is not yet delinquent, ( iii ) easements, covenants, conditions, rights of way or other similar restrictions andimperfections to title and ( iv ) zoning, building, fire, health, environmentaland pollution control law, ordinance, rule, regulation or other restrictions, provided that none of the items referred to in clauses ( ii ), ( iii ) and ( iv),individually or in the aggregate, materially detract from the value or impairthe use or operation of the property or asset affected thereby as currently usedor operated