A revolving mortgagee may exercise the relevant revolving mortgage up to the maximum amount with respect to all of fixed principal as well as periodic payments including interest and compensation for damage resulting from failure to perform obligations.
根抵当権者は、確定した元本並びに利息その他の定期金及び債務の不履行によって生じた損害の賠償の全部について、極度額を限度として、その根抵当権を行使することができる。
If a claim under a negotiable instrument or check or electronically recorded monetary claim acquired from causes other than the transactions with the obligor is agreed to be treated as a claim to be secured by a revolving mortgage, and any of the following grounds exist, that revolving mortgage may be exercised only with respect to claims acquired before those grounds arose; provided, however, that even with respect to claims acquired after the grounds arose, the exercise of the revolving mortgage is not precluded as far as the claims were acquired without knowledge of those grounds:
the suspension of payments by the obligor;
債務者の支払の停止
a petition to commence bankruptcy proceedings, the commencement of rehabilitation proceedings, the commencement of reorganization proceedings or the commencement for special liquidation with respect to the obligor; or
債務者についての破産手続開始、再生手続開始、更生手続開始又は特別清算開始の申立て
a petition for auction in relation to mortgaged immovables or seizure for disposition of delinquency.
抵当不動産に対する競売の申立て又は滞納処分による差押え