or otherwise, with respect to this Agreement ... or for the appointment of a receiver or trustee of the Trust, or for any other remedy with respect to an event of default hereunder ...” (PSA § 6.07 (emphasis added).) This language makes “any other remedy with respect to an event of default” simply one category to which the no-action clause applies, in addition to “any proceeding ... with respect to this Agreement.” Consistent with other courts interpreting similar clauses, the Court concludes that the breadth of this provision— applying to “any proceeding, judicial or otherwise, with respect to this Agreement” — requires that the prerequisites for filing suit apply to Plaintiffs’ contract and tort claims. See Peak Partners, LP v. Republic Bank, 191 Fed.Appx. 118, 126-27 (3d Cir.2006) (<HOLDING>); Feldbaum, 1992 WL 119095, at *6 (interpreting
holding that new york law did not preclude an arbitrators award of punitive damages despite a new york choice of law provision because there was no indication in the contract that the parties intended to limit their remedies in arbitration holding under new york law that a noaction provision containing similar with respect to this indenture language barred negligence claims against a servicer holding that new york law applies to this matter holding jurisdiction over nonresident defendant existed where note was payable in new york contained new york choice of law clause and proceeds were used to finance new york limited partnership recognizing a similar exception to its rule with respect to corporations