Ascentium Capital, LLC, (Ascentium) a Delaware limited liability company, sued Southern Oklahoma Women’s Health, P.C., (Women’s Health) and Dr. Henry Ramirez Wednesday. The lawsuit follows allegations from Ascentium that Women’s Health failed to fulfill contractual obligations they had with Ascentium on four separate agreements, resulting in an outstanding sum of over half a million dollars. The plaintiff claimed breach of contract and a breach of guaranty and asked the court to require the full sum to be paid.
Each of the four agreements in question is an equipment finance agreement. The agreements all call for initial payments followed by consecutive monthly payments, typically encompassing around 70 payments per agreement. As part of the agreements, Women’s Health also granted Ascentium “a security interest in the Collateral and all proceeds to secure Women’s Health obligations.” Reportedly, as a further mechanism of enticing Ascentium to sign the agreements, Women’s Health and Dr. Ramirez gave Ascentium a first priority security interest and also created a guaranty agreement, which “unconditionally guaranteed to Ascentium the payment and performance of all of Women’s Health’s obligations,” under the impending agreement.
The plaintiffs alleged in the complaint that Women’s Health and Dr. Ramirez have failed to honor their payment obligations, meaning they are responsible for the remaining money. The filing said that agreements are worth $126,484.03, $120,346.45, $143,178.59, and $113,436.83, respectively. Collectively, the agreements amount to just over half a million dollars – $503,445.90. For the agreements, Dr. Ramirez had “unconditionally guaranteed to Ascentium the prompt payment and performance of all Women’s Health obligations,” a claim which the plaintiffs asserted has yet to come to fruition.
The plaintiff is seeking the sum that is contractually owed by the company as well as attorney’s fees.The plaintiff is represented by Hiersche Law Firm.