a Cayman Islands company; E[acute accent](vii) enter into the Facilities Administration and Operating Services Agreement, and the Assignment, Assumption and Confirmation Agreement respecting the assigned Retainer Agreements, as described herein below, and undertook
providing fee based business consulting services pursuant thereto; and E[acute accent](viii) pursuant to the Mutual Undertaking Agreement undertook
to complete the Contemplated Financing as described herein below.
Because of the issues identified with the payment processing center described above, as well as the two other accounting issues discussed in Tier's December 14, 2005 report on Form 8-K, Tier undertook
an in-house review of other significant accounting practices, including the recognition of revenues, accrued liabilities, taxes-other-than-income, tenant improvements and rent holidays, the allowance for doubtful accounts, investments in marketable securities, and an investment in a minority-owned subsidiary.