ANNEX IISupplementary provisions
ANNEX II CONDITIONS 1. [Repayments] BayernLB must (where appropriate via BayernLB Holding AG) make a one-off payment of EUR 1,24 billion to the Land of Bavaria (the ‘one-off claw-back payment’) and repay the EUR 3 billion in equity it received as aid in the form of a silent participation in 2008/2009 (the ‘aid repayment’). 2. The one-off claw-back payment of EUR 1,24 billion will be made in the following tranches: […] If the relevant supervisory authority decides that the equity resulting from the entry in the balance sheet of the nominal value of BayernLabo's special-purpose assets ( Zweckvermögen ) is to be recognised in full or in part as core Tier 1 capital for supervisory purposes, the succeeding tranche of the one-off claw-back payment will be increased by that amount and the further payment schedule will be adjusted in accordance with Table 11. 3. The aid repayment of EUR 3 billion will be made in the following tranches: […] The remaining parts of the silent participation of EUR […] million will be repaid to the Land of Bavaria by 2017 by releasing the capital on the basis of point 33 of Annex I. 4. [Deferral of the payment obligation] If the supervisory authority prohibits BayernLB from making a payment under point 2 or fails to give its consent to repayment under point 3, the repayments provided for in those points must be suspended. In that event the corresponding obligation to pay those amounts must be deferred until the supervisory authority approves or does not prohibit the relevant repayment. If repayment of the amount initially deferred is not approved in the following year or is again prohibited, the Federal Government of Germany will notify a modified restructuring plan to the Commission which, in principle, must contain additional compensatory measures, such as a further balance sheet reduction.