HOUSTON – A Chicago business is suing a Houston consulting firm, alleging breach of contract for out-of-pocket expenses of nearly $80,000.

Monroe Capital LLC of Chicago filed a lawsuit Dec. 17 against K&S Consulting ASC LP in the Houston Division of the Southern District of Texas, alleging breach of contract.

According to the complaint, on June 19, 2014, Monroe Capital and K&S Consulting entered into an agreement where K&S Consulting would, among other things, acquire a third-party anesthesiology entity and Monroe Capital intended to provide certain credit facilities.

The last part of the agreement, according to the lawsuit, states ``the borrower shall reimburse the lender whether or not this transaction is consummated for all out-of-pocket costs expenses approved by the borrower, incurred in connection with this transaction.”

On Nov. 6, 2014, the lawsuit states, K&S Consulting advised the plaintiff the contemplated transaction would no longer be pursued. Monroe Capital requests payment of its outstanding out-of-pocket expenses incurred in connection with the agreement.

Monroe Capital seeks no less than $78,376, attorney fees, as well as prejudgment interest, and any such further relief the court deems proper. It is represented by attorneys Thomas M. Farrell, Marta A. Stein and Rachel J. Freyman of McGuireWoods LLP in Houston and Chicago.

Houston Division of the Southern Division of Texas Court Case number 4:15-cv-03659.

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