Doug Nail is uniquely focused on healthcare finance. Over the course of his 30-year career, Doug has guided lenders to the successful completion of hundreds of secured loan transactions. His deep understanding of the healthcare industry and extensive experience with the business and regulatory environment affecting healthcare borrowers allows him to provide his clients with penetrating insights and industry-specific knowledge and experience that maximize the chances of deal success in this highly regulated space.

Having represented numerous lenders in secured healthcare financing transactions, Doug is able to provide a unique level of service to lenders in this area. The needs of healthcare industry borrowers are complex, and Doug has helped lenders close deals with providers in nearly every space in the healthcare field, including skilled nursing, acute care hospital/health system, home health, inpatient rehab, diagnostic imaging, and long-term acute care, and with pharmaceutical companies and manufacturers of medical devices.

Doug also has extensive experience representing lenders in non-healthcare asset-based loan transactions and experience representing lenders in commercial loan portfolio sales and purchases and debtor-in-possession and exit financing deals. His extensive experience includes structuring, negotiating, closing and restructuring asset-based and other secured loan transactions.

Doug is committed to seeing his clients achieve their objectives. His client-focused approach and responsive style ensures that the lenders he works with have the highest degree of confidence that their deals are in good hands.

Doug serves on the Firm’s Executive Committee and as Co-Chair of the Firm’s Recruiting Committee.

  • Represented a national bank’s specialty healthcare group, as lender, in a secured revolving and term loan facility to a sponsor-backed, multi-state diagnostic imaging company. We originally documented this as an asset-based transaction, then over a seven-year period documented the borrowers’ post-default workout and forbearance, including sponsor credit enhancement, before later redocumenting the facility as a cash flow transaction. The transaction involved extensive legal and regulatory diligence, with a structure including management arrangements and joint ventures requiring analysis of federal Anti-Kickback Statute, Stark Law, Medicare Anti-Markup Rule, and state corporate practice of medicine issues.
  • Represented a national bank, as agent, in the recapitalization of a lender finance company in providing a syndicated credit facility to lender finance company, along with negotiating complex intercreditor agreements and restructuring the borrower’s cash management in connection with subordinated debt and a captive, separately financed participant.
  • Represented a national bank, as agent, in the re-documentation of senior secured syndicated ABL credit facility. The transaction included as eligible collateral a significant amount of in-transit inventory and the negotiation with an array of borrower’s logistics providers of documentation necessary to ensure ongoing perfection of Agent’s security interest in such inventory while in transit from Asia to the U.S.
  • Represented a specialty healthcare group at a national bank, as agent, in ABL senior secured credit facility in connection with stock acquisition of multi-state IRF and LTCH provider by sponsor. The transaction involved extensive regulatory and compliance analysis conducted in concert with Parker Hudson’s Healthcare practice group and the negotiation of complex intercreditor agreements with both the REIT and term lender.
  • Represented a non-bank specialty healthcare lender with respect to a senior secured ABL credit facility to a not-for-profit safety net hospital closed in connection with the acquisition by a Georgia county from a local hospital authority of the underlying real estate and related hospital lease to the borrower and defeasance of hospital authority bonds. Parker Hudson’s Healthcare practice group was actively engaged to ensure compliance with, or exemption from, the Georgia Hospital Acquisition Act and CON requirements in connection with restructuring transactions.
more
  • 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 healthcare 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

  • Financial Services
  • Healthcare
  • Commercial Finance
  • Healthcare Transactions

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

  • 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

  • State Bar of Georgia (Former Member, Legal Opinion Subcommittee, Uniform Commercial Code Committee, Corporate and Banking Law Section)
  • American Bar Association
  • Macalester College Parent Council 2017-present
  • Active member of St. Martin in the Fields Episcopal Church in Atlanta, Georgia
  • St. Martin's Episcopal School Trustee (2001-2007)

  • Georgia