In the same manner, the newest factual allegations underpinning Ambac’s purchase-level breaches are the same as those towards the financing-height breaches
Together with encompassing one breaches of your own representations and you can guarantees, the newest repurchase method is the just recourse concerning any bad loan – regardless of whether you to definitely problem try a breach away from “loan-level” representations designed to traders
It is well settled one to “courts have to prize contractual arrangements you to definitely limitation liability or damage since the those individuals conditions show the fresh new parties’ arrangement into the allotment of one’s threat of monetary loss in particular eventualities” (id. in the 581). “Price terms and conditions taking to own a just solution is good enough obvious to expose one to not any other solution is actually contemplated of the parties during the the full time the new price was shaped, getting reason for one part of the purchase . . .
