IN THE SUPREME COURT OF THE STATE OF DELAWARE WALTER E. RYAN, JR., individually § and on behalf of others similarly § situated, § No. 77, 2022 § Plaintiff Below, Appellant, § § Court Below: Court of Chancery v. § of the State of Delaware § BUCKEYE PARTNERS, L.P., § BUCKEYE GP LLC, CLARK C. § C.A. No. 2021-0432 SMITH, PEITER BAKKER, § BARBARA M. BAUMANN, § BARBARA J. DUGANIER, JOSEPH § A. LASCALA, JR., MARK C. § MCKINLEY, LARRY C. PAYNE, § OLIVER G. RICHARD, III, FRANK S. § SOWINSKI, MARTIN A. WHITE, IFM § INVESTORS PTY LTD, IFM GLOBAL § INFRASTRUCTURE FUND, § HERCULES INTERMEDIATE § HOLDINGS LLC, § § Defendants Below, Appellees. § Submitted: September 14, 2022 Decided: October 3, 2022 Before SEITZ, Chief Justice; VALIHURA, and TRAYNOR, Justices.

ORDER This 3rd day of October 2022, having considered this matter on the briefs of the parties and the record below, and having concluded that the same should be affirmed on the basis of and for the reasons assigned by the Court of Chancery in its Memorandum Opinion dated February 9, 2022; NOW THEREFORE IT IS ORDERED that the judgment of the Court of Chancery be and the same hereby is AFFIRMED.

BY THE COURT: /s/ Karen L. Valihura Justice