Also close any breaches of representations and you can guarantees, brand new repurchase method is the best recourse regarding any faulty loan – it doesn’t matter if you to definitely problem was a breach away from “loan-level” representations built to buyers
It’s well settled one “courts must prize contractual specifications you to definitely limitation liability or damage due to the fact people provisions show the latest parties’ contract on allowance of the threat of monetary reduced specific scenarios” (id. during the 581). “Package terms and conditions delivering having a sole remedy is actually well enough clear to expose you to definitely few other solution is actually considered because of the events on the amount of time the new bargain was molded, to possess purposes of you to part of the exchange . . . Continue Reading In the sense, the new informative allegations underpinning Ambac’s exchange-peak breaches are exactly the same since those individuals towards the financing-top breaches