Section III. A.2 of the Loan Agreement shall be, and hereby is, deleted in its entirety and replaced with the following new Section II.A.2:
Section III. Financial Covenants of Attachment A immediately after the definitions is amended and restated as follows: "Customer will be required to maintain the following financial ratios, percentages and amounts as of the last day of the fiscal period under review by IBM Credit: On a consolidated basis:
Section III. Paragraph 1.1 of the Agreement is hereby amended and modified to delete such section in its entirety and substitute therefor the following: "Unless terminated sooner pursuant to Section III., Paragraph 2 hereof or extended as provided herein, the term of this Agreement shall commence on the Effective Date and shall continue in force until December 31, 2010. If on or before December 31, 2009 the term of this Agreement has not been extended beyond December 31, 2010 by written agreement of Distributor and VFS, the parties on written notice from either party shall for a period of ninety (90) days after such written notice (but in no event shall such period extend past the end of the sixth Agreement Year) conduct good faith discussions at mutually convenient times regarding the terms and conditions of an extension to this Agreement. While the parties are obligated to discuss an extension in good faith, there is no obligation on the part of either party to agree to an extension.