Douglas A. Nail

Douglas A. Nail

Partner | Atlanta Office
dnail@phrd.com
T: (404) 420-5565
F: (404) 522-8409
 

Practice Group(s)

Services

Education

  • University of Georgia - (B.B.A., 1984)
  • University of Georgia - (J.D., magna cum laude, 1988) Order of the Coif; Member, Editorial Board, Georgia Law Review, 1986-1987

Admitted to Practice

  • Georgia



 

About Doug

Doug has practiced for more than twenty years in the area of commercial lending and has extensive experience in structuring, negotiating, closing and restructuring asset-based and other secured loan transactions for banks and other lending institutions.

Over the last fifteen plus years, Doug has developed a subspecialty in the representation of lenders in secured health care financing transactions to all types of health care providers. Doug is able to provide a unique level of service to lenders in this area with the support of Parker Hudson’s highly sophisticated health care regulatory practice.

Doug also has experience with the following types of finance-related transactions: representation of lenders in transactions involving the purchase and sale of commercial loan portfolios; representation of lenders in Shari’ah-compliant financing transactions; and representation of lenders in debtor-in-possession and exit financing transactions.

Representative Engagements

  • Healthcare Finance Transactions:

  • Represented national healthcare finance company in senior secured ABL credit facility to provider of healthcare services to correctional institutions throughout the United States
  • Represented national healthcare finance company in senior secured ABL facility to automated institutional pharmacy
  • Represented national healthcare finance company in senior secured ABL facility to provider of specialty pharmaceutical products
  • Represented national healthcare finance company in redocumentation of revolving credit facility to institutional pharmacy
  • Represented national healthcare finance company in senior secured cash flow credit facility to provider of mammography services
  • Represented national bank in senior secured ABL credit facility to national provider of diagnostic imaging services closed in connection with a public debt issuance by such provider of diagnostic imaging services
  • Represented national finance company in senior secured ABL credit facility with Medicaid HMO company
  • Represented national finance company in senior secured ABL credit facility to factor of healthcare receivables
  • Represented national healthcare finance companies in numerous senior secured ABL credit facility transactions involving revolving credit facilities to skilled nursing facilities operators, including the negotiation of intercreditor agreements with HUD lenders
  • Represented national healthcare finance company in senior secured ABL credit facility to respiratory pharmaceuticals wholesaler and retailer and subsequent senior secured ABL credit and term loan facility to facilitate stock acquisition of respiratory pharmaceuticals wholesaler and retailer by investment firm
  • Represented national healthcare finance company in senior secured ABL credit and term loan facility to marketer and distributor of medical rehabilitation products
  • Represented national healthcare finance company in senior secured ABL credit facility to for-profit hospital
  • Represented national healthcare finance company in senior secured ABL credit facility to home health provider
  • Represented national healthcare finance company in senior secured ABL credit and term loan facility to chain of diagnostic imaging clinics in southeast United States
  • Represented regional bank in senior secured ABL credit facility to medical staffing company
  • Represented national healthcare finance company in senior secured ABL credit facility to provider of in-home and ambulatory infusion center services.
  • Represented national healthcare finance company in senior secured ABL credit facility to provider of non-emergency medical transportation services
  • Represented national healthcare finance company in senior secured ABL credit facility to provider of clotting agent for treatment of bleeding disorders
  • Represented national healthcare finance company in senior secured ABL credit facility to provider of behavioral health services to individuals with co-occurring mental health and substance abuse disorders through clinical services, education, research, and technical assistance
  • Represented national bank in secured term loan facility to regional health system
  • Represented national bank as liquidity provider in bond financing to regional health system
  • Represented regional bank in senior secured credit facility to publicly traded medical transcription company

  • Non-Healthcare Finance Transactions:

  • Represented national bank in the sale of a portfolio of commercial loans which involved advice and documentation in connection with the sale from the bidding procedures through closing
  • Represented a national finance company in the sale of a portfolio of commercial loans
  • Represented national bank as agent in senior secured credit facility to manufacturer and distributor of industrial products
  • Represented national bank in debtor-in-possession financing transaction to manufacturer and distributor of industrial products
  • Represented national bank as agent in cross-border senior secured syndicated credit facility to consumer products company
  • Represented national bank as agent in senior secured syndicated credit facility to apparel company
  • Represented national finance company in senior secured credit facility to manufacturer and distributor of transformer products
  • Represented national bank as agent in senior secured credit facility to paper products company to fund a confirmed plan of reorganization and facilitate its exit from bankruptcy (originally structured as a Shari'ah compliant murabaha facility)
  • Represented national finance company as agent in senior secured syndicated credit facility to waste disposal company
  • Represented national finance company as agent in senior secured syndicated credit facility to vertically integrated furniture company
  • Represented national finance company in senior secured credit facility to national chain of photography studios
  • Represented national finance company in senior secured credit facility to national fast food chain to facilitate exit from bankruptcy
  • Represented regional bank in senior secured revolving and term loan credit facility to regional motion picture exhibitor
  • Represented numerous clients in connection with their acquisition of commitments in syndicated ABL and cash flow transactions
  • Represented national bank as agent in senior secured syndicated credit facility to manufacturer of flow control devices
more

Professional and Civic Involvement

  • State Bar of Georgia (Former Member, Legal Opinion Subcommittee, Uniform Commercial Code Committee, Corporate and Banking Law Section)
  • American Bar Association
  • Active member of St. Martin in the Fields Episcopal Church in Atlanta, Georgia
  • St. Martin's Episcopal School Trustee (2001-2007)
more

Honors

  • Recognized as one of Georgia's "Top Rated Lawyers" by Martindale-Hubbell and ALM (2012)
  • Recipient, John and Mary Franklin Foundation Academic Scholarship
  • Recipient, Teagle Foundation Academic Scholarship

Publications and Presentations

  • Participated as a panelist on the topic of the revised form of HUD Intercreditor Agreement for use in skilled nursing facility financings at the Secured Lending seminar on February 6, 2014, sponsored by the Georgia Institute of Continuing Legal Education.
  • Speaker and Author - Healthcare Finance -- Issues for the Secured Lender at 2012 Secured Lending Seminar sponsored by the Georgia Institute of Continuing Legal Education
  • Speaker - Webinar and in-house seminar presentations for clients on topics that include health care financing issues, Revised Article 9, real estate collateral, credit agreement representations, warranties, covenants and events of default, intercreditor agreements, "collateral gotchas" and healthcare finance transaction case studies
  • Speaker and Author - Real Estate Collateral at 2003 Commercial Lending Requirements and Loan Documentation in Georgia seminar sponsored by Lorman Education Services
  • Speaker and Author - Landlord and Mortgagee Agreements at 1996 Secured Lending seminar sponsored by the Georgia Institute of Continuing Legal Education
  • Contributor - Lending Law in Georgia, 2008 Version, A Guide for Commercial Lenders
more
 
 
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