2. The Transaction

The transaction will be consummated through the non-applicant entities Parent and Rubik.

Parent, Rubik, West and certain individuals and entities holding direct or indirect membership interests in Parent have entered into an agreement pursuant to which Rubik will acquire all of the membership interests in Parent and, indirectly, in HyperCube (the Transaction). West anticipates that it will continue to hold HyperCube as a separate subsidiary of Rubik. Although the Transaction will result in a transfer of the ownership and control of HyperCube to Rubik, no assets or authorization to provide service will be transferred from HyperCube to Rubik or West. The Applicants assert that the Transaction will not result in any loss or impairment of service for any customers, that HyperCube's customers will continue to receive their existing services at the same rates, terms and conditions as at present, and that the transfer of control effectively will be transparent to HyperCube's customers.