Division 1.4

(Partial) cancellations of the guarantee may be carried out only in so far as it is not to be expected, according to HSH’s planning at the time of notification of the (partial) cancellation in question, that as a result the share of HSH’s common equity capital will fall below [8,5–9,5] % as at 31 December 2011, [9–10] % as at 31 December 2012, [9,5–10,5] % as at 31 December 2013, and [10–11] % as at 31 December 2014 (calculated in each case in accordance with the binding regulatory requirements regarding credit institutions’ capital adequacy which are in force at the above-mentioned points in time). A partial cancellation may not take place if, although the above ratios are met at the time of the partial cancellation, they would no longer be so in the light of conservative estimates in the following years. The various stages of the decision-making process defined within HSH for a partial cancellation will incorporate that conservative approach, taking account of risk-bearing capacity as an important deciding factor, and will also include in the case of each partial cancellation the approval of BaFin.