Agreement ”), by and among AVDC, Inc., an Ohio corporation (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 lease participants (individually, a “ Lease Participant ” and collectively, the “ Lease Participants ”); and Wells Fargo Bank, National Association, a national banking association, as the agent for the Lessor Parties 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 amended, modified, extended, supplemented, restated and/or replaced from time to time.