Keith Taylor passed away unexpectedly in September 2021. He is remembered as focused on helping his clients close commercial finance transactions. He worked extensively with banks, other lending institutions, and companies to structure, negotiate, and close complex secured loan transactions. Keith’s attentive, client-centered, and even-handed approach helped drive the deal closing process in a mutually beneficial manner while informing his clients about the unique complexities of each transaction.
Keith helped his clients provide or obtain the capital needed to help regional, national, and international businesses prosper. He often represented administrative agents in syndicated debt financing transactions and had extensive experience structuring and negotiating credit facilities to companies operating in a wide variety of industries. He had particular experience involving credit facilities to companies operating in the healthcare industry, which involved analysis of complex regulatory healthcare issues. Keith also worked with his clients as needed to facilitate the workout and restructuring of existing credit facilities.
Keith was driven to provide creative solutions for his clients, and utilized his experience across a broad range of transactions to structure and close credit facilities that advanced each client’s goals. His results-oriented negotiation style and responsiveness helped provide positive legal results while maintaining a focus on his clients’ commercial interests and relationships.
- Represented Bank of America, N.A., as agent, in connection with a senior secured, asset-based, cross-border revolving credit and term loan facility provided to Modular Space Holdings, Inc. and affiliates, which engaged in the sale and leasing of temporary buildings and structures. The companies filed pre-arranged chapter 11 bankruptcy cases in Delaware, and the firm represented the agent bank in the pre-petition, post-petition, and exit financings.
- 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 bank, as agent for a syndicate of lenders, in connection with an asset-based revolving credit and term loan facility to a midstream oil and gas marketing and distribution company. The transaction posed complex debt structuring and collateral issues that are particularly applicable to companies in this industry.
- Represented a non-bank specialty healthcare lender in connection with a secured asset-based revolving credit facility to a pharmaceutical claims processing company. The transaction involved substantial contractual and legal analysis and related documentation regarding the rights of intermediaries to healthcare receivables.
- Represented a non-bank specialty healthcare lender, as agent and sole lender, in providing an asset-based senior secured revolving credit facility to a not-for-profit two-hospital integrated healthcare system. The transaction required the negotiation of intercreditor agreements with the borrowers' primary pharmacy suppliers and involved significant input and guidance from Parker Hudson's Healthcare practice group in analyzing, and enabling our client to assess, the categories of reimbursement (including DSH, UPL and FMP) payable to the borrowers by various third-party payors.
- Routinely represent specialty healthcare lenders (both bank and non-bank) in their role as secured working capital lender to SNF operators in connection with term financing to the underlying propco, including HUD Section 232 financing. In these transactions, we negotiate credit facility documentation with the SNF operator and its counsel and engage with an array of documentation (including intercreditor agreement) with the underlying propco lender and its counsel and, in the case of HUD financing to the propco, HUD and its attorneys. Due to Parker Hudson’s consistent presence in this market, we have developed good and effective working relationships with a number of lawyers whose practices involve the representation of significant national players in the HUD Section 232 financing space, thereby facilitating a smoother HUD approval process.
- Author, "COVID-19 Relief And Its Impact On Secured Healthcare Lenders," The Secured Lender, April 2021, pgs 40-42
- Author and Speaker, "Financing the Energy Sector," Georgia ICLE Secured Lending Seminar (February 2018)
- Author and Speaker, "Secret Lien Issues for the Secured Lender," Georgia ICLE Secured Lending Seminar (February 2014)
- Co-Author, Shareholder Activism: Directorial Responses to Investors' Attempts to Change the Corporate Governance Landscape, 41 Wake Forest L. Rev. 321 (2006)
- Financial Services
- Commercial Finance
- Healthcare Transactions
- Wake Forest University School of Law (J.D., 2006) Member, Editorial Staff, Wake Forest Law Review; Member, Moot Court Board; Philip C. Jessup International Law Moot Court Team, 2004-05; National Moot Court Team 2005-06
- University of North Carolina at Chapel Hill (B.A., 2001)
- Recipient, Law Alumni Council Annual Fund Scholarship
- Recipient, James F. Hoge Memorial Prize
- Secured Finance Network