SPSPAs are contracts that are independent of conservatorship. One senior preferred share with a value of $1 would be sufficient to maintain the contract. The terms and conditions, i.e., the fee for the funding commitment, can be specified in the contract.
I know what you mean when you talk about an explicit guarantee that has to be paid for. But it is better to talk about a contractual agreement that already exists: keyword assumption of liability by the treasury.
. upping that committment by declaring nws as payback
The Lamberth 8:0 verdict spoken by the people helps immensely if the admin wants to do that. The NWS was just „bad faith and unfair dealing“ orchestrated by Obama.
Please note: SCOTUS did not rule directly on the NWS, but on whether the court was permitted to go in medias res. And since the judges upheld the “death spiral,” the anti-injunction clause remained in effect. Believe it or not: the Lamberth 8:0 verdict, requested by SCOTUS, is a political and legal game changer, when it comes to the handling of the SPS.