IN THE SUPREME COURT OF THE STATE OF DELAWARE

ICATECH CORPORATION and § EMPRESAS ICA, S.A.B. DE. C.V., § § No. 121, 2021 Defendants and Counterclaim § Plaintiffs Below, § Court Below – Superior Court Appellants, § of the State of Delaware § v. § § C.A. No. N17C-09-163 PAUL V. FACCHINA, SR., individually § and as Sellers’ Representative, § § Plaintiff and Counterclaim § Defendant Below, § Appellee. § Submitted: December 23, 2021 Decided: January 4, 2022

Before SEITZ, Chief Justice; VALIHURA, VAUGHN, TRAYNOR and MONTGOMERY-REEVES, Justices.

ORDER This 4th day of January, 2022, having considered the appellant’s motion for rehearing en Banc of the December 9, 2021 Order affirming the judgment of the Superior Court, the Court concludes that the motion for rehearing en Banc is without merit and should be denied.

NOW, THEREFORE, IT IS ORDERED that the motion for rehearing en Banc is DENIED.

BY THE COURT: /s/ Tamika R. Montgomery-Reeves Justice