[§414-359]  Procedure if shareholder
dissatisfied with payment or offer.  (a)  A dissenter may notify the
corporation in writing of the dissenter's own estimate of the fair value of the
dissenter's shares and amount of interest due, and demand payment of the
dissenter's estimate (less any payment under section 414-356), or reject the
corporation's offer under section 414-358 and demand payment of the fair value
of the dissenter's shares and interest due, if:



(1)  The dissenter believes that the amount paid under
section 414-356 or offered under section 414-358 is less than the fair value of
the dissenter's shares or that the interest due is incorrectly calculated;



(2)  The corporation fails to make payment under
section 414-356 within sixty days after the date set for demanding payment; or



(3)  The corporation, having failed to take the
proposed action, does not return the deposited certificates or release the
transfer restrictions imposed on uncertificated shares within sixty days after
the date set for demanding payment.



(b)  A dissenter waives the dissenter's right
to demand payment under this section unless the dissenter notifies the
corporation of the dissenter's demand in writing under subsection (a) within
thirty days after the corporation made or offered payment for the dissenter's
shares. [L 2000, c 244, pt of §1]