I would imagine a Judge would look at shipped or shipping in th BRL context.
The contract was obviously structured so that when BRL started making money from that particular coal and was selling it in quantity, L&M were entitled to make some money too.
Shipped in this context means sold -so from L&Ms perspective " you're making money so we want to be paid."
Minimum royalties aside, If BRL isn't making money, (and a stockpile of unsold coal -anywhere - isn't making money for BRL) then L&M have no claim.
Shipped means "on its way to the purchaser" and so far the required quantity has not been "shipped"
BRL pending $40m USD lawsuit, page-8
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