Division (i)

Germany will ensure that, during the implementation of the restructuring plan, and until 31 December 2015 at the latest, HRE and its subsidiaries are obliged to make no repayments of other own capital instruments (e.g. hybrid capital instruments, participation certificates) unless they are required by law while silent participations or other SoFFin own capital instruments which have been contributed or may yet be contributed by SoFFin have not been repaid in full and the book value of the SoFFin own capital instruments is reduced and/or any cumulative profit distributions or coupons on the SoFFin own capital instruments have not been paid in full.