Agreement ”), by and among by and among NVIDIA Land Development, LLC, a Delaware limited liability company (the “ Construction Agent ” or “ Lessee ”); the various entities which are parties thereto from time to time as guarantors (individually, a “ Guarantor ” and collectively, the “ Guarantors ”); Wachovia Service Corporation, a Delaware corporation (the “ Lessor ”); the various banks and other lending institutions which are parties thereto from time to time as credit lenders (individually, a “ Credit Lender ” and collectively, the “ Credit Lenders ”); the various banks and other lending institutions which are parties thereto from time to time as mortgage lenders (individually, a “ Mortgage Lender ” and collectively, the “ Mortgage Lenders ”); and Wells Fargo Bank, National Association, a national banking association, as the agent for the Credit Lenders and the Mortgage Lenders and, respecting the Security Documents, as agent for the Secured Parties (in such capacity, the “ Agent ”), and (ii) the other Operative Agreements referred to in the Participation Agreement, as the same may be modified, supplemented or amended.