With no explanation, chose the best option from "A", "B", "C" or "D". board, officers or agents.”). 8 . See S. 363, 138th Gen. Assembly 7, 70 Del. Laws ch. 349, § 8 (1996) ("These amendments are not intended to alter the fiduciary duties of a board of directors in authorizing a merger agreement with terms that turn on determinations or actions made by any person or body, or in making any determinations or taking any action constituting a fact under these sections.”), quoted in 2 Welch, supra, § 251.10, at GCL-IX-126; 1996 Amendments, supra, at 315 (“[T]he amendments are not intended in any way to alter the fiduciary duties of directors approving a merger agreement or making determinations, or taking any other action that constitutes a fact within the merger agreement.”). 9 . See Orloff v. Shulman, 2005 WL 3272355, at *9 (Del.Ch. Nov. 23, 2005) (<HOLDING>); see also Wilm. Hous. Auth. v. Nos. 500, 502 &

A: holding that res judicata applies when the parties are identical or in privity the first suit proceeded to a final judgment on the merits and the second claim is based on the same set of transactional facts as the first
B: holding res judicata also applies to those in privity with parties
C: holding additional parties in second suit do not prevent the application of res judicata based on the first suit
D: holding that defendant in second suit was in privity for res judicata purposes because his interests were aligned with those of defendant in first suit which concerned same facts
D.