Sec. 101.453. DEMAND. (a) A member may not institute a derivative proceeding until the 91st day after the date a written demand is filed with the limited liability company stating with particularity the act, omission, or other matter that is the subject of the claim or challenge and requesting that the limited liability company take suitable action. (b) The waiting period required by Subsection (a) before a derivative proceeding may be instituted is not required or, if applicable, shall terminate if: (1) the member has been notified that the demand has been rejected by the limited liability company; (2) the limited liability company is suffering irreparable injury; or (3) irreparable injury to the limited liability company would result by waiting for the expiration of the 90-day period.
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