Footnote dos: Tolling agreements try rarely unheard-regarding about the RMBS financing repurchase (or «put-back») legal actions
In sum, DBSP’s cure or repurchase obligation was not a separate and continuing promise of future performance; rather, it was the Trust’s sole remedy in the event of DBSP’s breach of representations and warranties. Viewed in this light, the cure or repurchase obligation was not an independently enforceable right, nor did it continue for the life of the investment. [*9] Accordingly, the Trust’s claim, subject to the six-year statute of limitations for breach-of-contract actions, accrued on , when the MLPA was executed. (más…)